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In the 1920s—the time the deed at issue was executed—lessors commonly reserved a one-eighth royaltyinterest when they executed oil and gas leases. In support of that notion, the Court cited the 1957 Texas Supreme Court case Garrett v. Eastland June 1, 2021). Dils Co. , 2d 904 (Tex. Element Petroleum Props.,
18-0983, 2021 WL 1045723, at *1 (Tex. 19, 2021) (“ Eagle II ”). The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) To establish the res judicata defense, a defendant must demonstrate that the legal injury occurred before the decision was made in the first case ( i.e. , the claim was ripe).
18-0983, 2021 WL 1045723, at *1 (Tex. 19, 2021) (“ Eagle II ”). The Eagle II case is the second case that arose between TRO-X, L.P. (“TRO-X”) TRO-X and Eagle entered into an agreement to buy and sell certain leases, sharing the cash and mineral interest proceeds derived from such sales (the “Agreement”).
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