Gresham v. Turner
Court of Civil Appeals of Texas
382 S.W.2d 791 (1963)
Relevant factsFree
The lessors (plaintiffs), who owned only a one-eightieth mineral interest in a tract, leased that interest to Fred Turner (defendant) reserving a royalty described as "one-eighth of [oil] produced and saved from the land"; the lessors sued claiming entitlement to one-eighth of the tract's total production, while Turner argued they were entitled only to one-eightieth of that one-eighth share, and the trial court ruled for Turner.
IssueFree
Whether a fractional royalty reservation in an oil and gas lease, granted by a lessor who owns only a partial mineral interest in the leased tract, reserves a fraction of the lessor's own interest or a fraction of the tract's total production.