Barker v. Levy
Texas Court of Civil Appeals
507 S.W.2d 613 (Tex. Civ. App. 1974)
Relevant factsFree
Margaret Sweet assigned Adrian Levy (defendant) a fractional interest in "all . . . minerals that may be produced and saved" from her property. After Sweet died, her heirs, including Barker (plaintiffs), sued for a declaration that the interest was a mineral interest rather than a royalty interest, since a mineral interest carries a share of production costs while a royalty interest does not. The trial court ruled for Levy, finding the interest was a royalty interest.
IssueFree
Whether a deed reserving an interest in minerals indicates intent to convey a royalty interest when the reservation clause uses the words "all" and "produced and saved" and does not use the phrase "in and under."
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