J. Hiram Moore, Ltd. v. Greer
Supreme Court of Texas
172 S.W.3d 609 (Tex. 2005)
Mary Greer (defendant) owned land and a nonparticipating royalty interest in three adjacent tracts, and executed a royalty deed to Steger Energy Corp. whose first sentence conveyed a specific tract, the SixS Frels Unit, while a later sentence purported to convey all of Greer's royalty interests in the county whether or not properly described. It later emerged Greer did not actually own the SixS Frels Unit interest she had purported to convey; Steger sold the conveyed interest to J. Hiram Moore, Ltd. (Moore) (plaintiff), which sued Greer to establish the parties' rights, while Greer maintained she only intended to convey small unleased strips adjacent to the named unit. The trial court granted Moore summary judgment, the court of appeals reversed, and Moore appealed.
Whether a catch-all grant provision in a mineral deed is always sufficient to grant all of the grantor's interests as a matter of law.