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CONCORD OIL CO. v. PENNZOIL EXPLORATION AND PRODUCTION CO.

No. 04-93-00374-CV.

878 S.W.2d 191 (1994)

CONCORD OIL COMPANY and Crenshaw Royalty Corporation, Appellants, v. PENNZOIL EXPLORATION AND PRODUCTION COMPANY, Pennzoil Producing Company, Sanchez-O'Brien Oil & Gas Corporation, and John M. Robinson, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied May 25, 1994.

Attorney(s) appearing for the Case

Andy Carson, Matthews & Branscomb, P.C., Corpus Christi, Ernest E. Smith, Austin, Judith R. Blakeway, Matthews & Branscomb, San Antonio, Bruce M. Kramer, Lubbock, Luther H. Soules, III, Soules & Wallace, San Antonio, for appellants.

John M. Robinson, Houston, John G. Soule, Jaime L. Capelo, Jr., Scott, Douglas & Luton, L.L.P., Austin, Tevis Herd, Cotton, Bledsoe, Tighe & Dawson, Midland, Frank Douglas, Scott, Douglass & Luton, L.L.P., Dallas, Kenneth E. Broughton, Jeff Nobles, Alene Levy, John Gaston, Maria Teresa Arguindegui, Haynes and Boone, L.L.P., Houston, for appellees.

Before CHAPA, C.J., and PEEPLES and LOPEZ, JJ.

OPINION

PEEPLES, Justice.

At issue in this oil and gas case is the size of a mineral interest conveyed by a 1937 deed executed while the grantor's interest was subject to a producing lease. The deed in question contains two different fractions: the granting clause conveys a 1/96 interest in the minerals, while the subject-to clause says the deed covers and includes 1/12 of rentals and royalty. The deed does not contain a future-lease clause. The case was...

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