LUCKEL v. WHITE

No. D-0080.

819 S.W.2d 459 (1991)

Eb F. LUCKEL, et al. v. Furl WHITE, et al.

Supreme Court of Texas.

Rehearing Overruled January 8, 1992.


Attorney(s) appearing for the Case

J.M. Slator, III, Houston, Robert C. Bledsoe, and Tevis Herd, Midland, for appellants.

Claude C. Roberts, William A. Teague, Robert I. Peeples, Houston, Rex G. Fortenberry, Beaumont, Chap B. Cain, III, Liberty, Susan M. Edmonson, Seabrook, Bradford Pickett, Liberty, Thomas A. Zabel, Stanley J. Krist, Houston, and E.R. Norwood, Liberty, for appellees.


OPINION

GAMMAGE, Justice.

This suit concerns the construction of a royalty deed in which the "granting," "habendum" and "warranty" clauses recite that a 1/32nd royalty interest is conveyed, but the "subject to" and "future lease" clauses state that the grantee shall be entitled to receive one-fourth of any and all royalties. The grantee's successors (Luckel, et al.) sought declaratory judgment that the deed conveyed an interest in one-fourth of the royalties...

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