[Download] "Margaret G. Gibson Et Vir v. Fred Turner" by The Texas Court of Criminal Appeals ~ eBook PDF Kindle ePub Free

July 02, 2021

eBook details

Title: Margaret G. Gibson Et Vir v. Fred Turner
Author : The Texas Court of Criminal Appeals
Release Date : January 25, 1956
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 75 KB

Description

This suit involves the construction of the royalty clause of an oil and gas lease. On February 18, 1947, petitioner, Margaret G. Gibson, her mother, and her two sisters and a brother were owners of an undivided 9/40ths fee interest in the minerals in, on, and under Survey 14, Cert. No. 3802, Blk. 4 1/2, G.C. & S.F. Ry. Co. Survey, containing 922 acres of land in Upton County, Texas. Margaret Gibson owned an undivided 1/40th interest in said 922 acres of land. On said date respondent Fred Turner, Jr., and other respondents owned the leasehold mineral interest in the remaining 31/40ths of said land. Respondents were also aware that the Gresham lessors (Mrs. Gibson being a daughter of Mrs. Gresham) only owned 9/40ths of the minerals. On February 17, 1947, the petitioner, Mrs. Gibson, and the other owners of the 9/40th mineral interest made, executed and delivered to Fred Turner, Jr., an oil, gas and other minerals lease on the whole of the oil, gas and other minerals under the whole of Survey 14, and upon a printed form in common use. The granting clause, among other things provided that "lessor in consideration of ten and No/100 dollars ($10.00), in hand paid, of the royalties herein provided, and of the agreements of the Lessee herein contained, hereby grants, leases, and lets exclusively unto the Lessee, * * *." Thereafter follows a provision for an oil payment of $5,186.25 (this figure being the exact equivalent of 9/40ths of 922 acres at $25.00 per acre) out of "the first oil and gas produced, saved and sold from said premises under this lease * * *." Paragraph 3 of the lease provided that "the royalties to be paid lessors are: (a) on oil, one-eighth of that produced and saved from said land, * * * (b) on gas * * * produced from said land * * * the market value * * * of one-eighth * * *." (Emphasis ours). The stipulated delay rental was $207.45 (this sum being the exact equivalent of 9/40ths of 922 acres at $1.00 per acre). Paragraph 9 states "lessor hereby warrants and agrees to defend the title to said land * * *." The original lease was introduced in evidence and following the above quoted provision of the