Duhig v. Peavy-Moore Lumber Co., Inc.

144 S.W.2d 878 (1940)

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Nature of the Case

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Facts

Through conveyance from the executor of the estate of Alexander Gilmer, D became the owner of land subject, to reservation by the grantor of an undivided one-half interest in the minerals. D conveyed the survey to Miller-Link Lumber Company, and in the deed, it was agreed and stipulated that the grantor retained an undivided one-half interest in all of the mineral rights or minerals in and on the land. P became the owner of whatever title and estate Miller-Link Lumber Company acquired by the deed from D in 574 3/8 acres of the said survey. P sued Ds who claim under D, for the title and possession of the 574 3/8 acres. Through conveyance from the executor of the estate of Alexander Gilmer, D became the owner of the land subject, to reservation by the grantor of an undivided one-half interest in the minerals. D conveyed the survey to Miller-Link Lumber Company, and in the deed, it was agreed and stipulated that the grantor retained an undivided one-half interest in all of the mineral rights or minerals in and on the land. The deed stated: “But it is expressly agreed and stipulated that the grantor herein retains an undivided one-half interest in and to all mineral rights or minerals of whatever description in the land.” P became the owner of whatever title and estate Miller-Link Lumber Company acquired by the deed from D in 574 3/8 acres of the said survey. P sued D for its claim of a one-half mineral interest. The trial court ruled for P to recover the title and possession of the land, except all minerals and mineral rights therein, and that as to the minerals and mineral rights, it take nothing against D. On appeal by P the Court of Civil Appeals reversed the judgment of the trial court and rendered judgment in favor of P. D appealed.