DAVIS v. COG OPERATING, LLC

No. 08-20-00205-CV.

658 S.W.3d 784 (2022)

James H. DAVIS d/b/a JD Minerals, Walter Allison Baen, Santos J. Dominguez, and Dixie L. Hester, Appellants, v. COG OPERATING, LLC, Neal Brusenhan Properties, LP; Neal Brusenhan Management, LLC, as General Partner of Neal Brusenhan Properties, LP; Robert L. Neal as Trustee of the Neal Robert L. Management Trust; and Jesse Frances Neal, Appellees.

Court of Appeals of Texas, El Paso.

December 6, 2022.


Attorney(s) appearing for the Case

Emily E. Brown , Houston, Joe Baker , Brownwood, David W. Lauritzen , Midland, Ken Slavin , El Paso, for Appellee Neal, Jessie Frances.

Len A. Wade , Fort Worth, for Appellee COG Operating, LLC.

David W. Wallace , Sonora, Ken Slavin , El Paso, for Appellee Neal Brusenhan Properties, LP, Neal Brusenhan Management, LLC as General Partner of Neal Brusenhan Properties, LP and Robert L. Neal as Trustee of the Neal Robert L. Management Trust.

Matt French , J. D. Benton , Laura H. Burney , Audrey Vicknair , for Appellant.

Before Rodriguez, C.J., Palafox, and Alley, JJ.


OPINION

In this appeal we are asked to construe a 1939 warranty deed entered into between Andreas Sessler and his wife, Johanna Sessler, as grantors, and Dora Roberts as grantee. The deed is four paragraphs long, and while no party claims it is ambiguous, the parties disagree about whether...

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