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Texas Supreme Court Holds that References to “One-Eighth” in Old Oil and Gas Conveyances Presumptively Refer to the Entire Mineral Estate

The Energy Law Blog

17, 2023), in which it re-affirmed the axiomatic principle that a text retains the same meaning in the present day as when it was drafted. In the 1920s—the time the deed at issue was executed—lessors commonly reserved a one-eighth royalty interest when they executed oil and gas leases. Navigators Grp. , Dawkins , 483 S.W.3d

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The Continued Struggle to Rebut the Van Dyke Presumption

Producer's Edge

Navigator Group that courts interpreting “antiquated instruments” that use 1/8 within a double fraction must begin with the rebuttable presumption that 1/8 refers to the entire mineral estate, Texas courts have wrestled with its implications. Following the Texas Supreme Court’s ruling in Van Dyke v.

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Louisiana Second Circuit Finds Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages Under the Louisiana Mineral Code

The Energy Law Blog

20] Nonetheless, the Second Circuit’s finding that the holder of a security interest in a mineral lease may be solidarily liable with mineral lessees/mortgagors for damages under the Louisiana Mineral Code is certainly concerning given the fact that many operators finance their operations through the usage of security and credit devices.

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