Gore Oil Co. v. Roosth
Court of Appeals of Texas
158 S.W.3d 596 (2005)
McKnight's warranty deed to Eagle reserved a full one-eighth non-participating royalty interest "subject to any previously conveyed or reserved mineral interest," while a separate clause stated the conveyance itself was made "subject to all restrictions, reservations... now outstanding"; Roosth (plaintiff), McKnight's successor, sued the current owners (defendants) claiming his royalty reservation was in addition to the prior outstanding royalty, entitling him to a full one-eighth, while the defendants argued the reservation was reduced by that prior royalty. The trial court found the deed ambiguous, relied on an attorney's affidavit confirming the parties intended a full one-eighth reservation for McKnight, and ordered back payments; the defendants appealed.
Whether a grantor is estopped from claiming title in a reserved, fractional mineral interest if the conveyance reserving the interest contains an additional limiting clause stating that the conveyance was subject to all outstanding reservations.