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CHESAPEAKE EXPLORATION v. BNW PROPERTY

No. 08-11-00239-CV.

393 S.W.3d 852 (2012)

CHESAPEAKE EXPLORATION, L.L.C., Appellant, v. BNW PROPERTY CO., Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 30, 2013.

Attorney(s) appearing for the Case

Ryan David Clinton , Hankinson, LLP, Dallas, TX, for Appellant.

Robert Scogin , Kermit, TX, for Appellee.

Before McCLURE, C.J., RIVERA, and ANTCLIFF, JJ.

OPINION

CHRISTOPHER ANTCLIFF, Justice.

The issue in this appeal is whether two deeds that conveyed a 1/3rd mineral interest also conveyed a 4/9th executive right incident to the mineral interest. Appellant Chesapeake Exploration, L.L.C. argues that the entire 4/9ths executive right passed under the deeds. Appellee BNW Property Co. takes a contrary position, contending that only a 1/3rd (3/9ths) executive right passed under the deeds and the remaining...

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