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PACER ENERGY v. ENDEAVOR ENERGY RESOURCES

No. 11-21-00169-CV.

675 S.W.3d 390 (2023)

PACER ENERGY, LTD., Appellant v. ENDEAVOR ENERGY RESOURCES, LP; Pony Oil, LLC; Viper Energy Partners, LLC; MKSea, LLC; Royalty Asset Holdings, LP; and Pony Oil Operating, LLC, Appellees.

Court of Appeals of Texas, Eastland.

Opinion filed September 14, 2023.

Attorney(s) appearing for the Case

Jeff D. Kuhnhenn , Anna E. Brandl , Derek L. Montgomery , Harold L. Hensley, Jr. , Midland, for Appellees Pony Oil, LLC, Royalty Asset Holdings, LP, Viper Energy Partners, LLC, Pony Oil Operating, LLC, Endeavor Energy Resources, LP.

Olga Kobzar , Austin, for Appellee MKSEA, LLC.

David B. McCall , Austin, Kindra A. Johnson , Jeremy J. Gaston , Houston, Kara L. O'Shaughnessy , Tom C. McCall , for Appellant.

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

OPINION

This appeal concerns a conveyance in a 1923 warranty deed of "One-Eighth of the Oil and Mineral rights ... conveyed as a royalty." In two 1960 declarations of interest, the grantor and the grantee's successors-in-interest later described the conveyed interest to be "1/8 of all of the oil, gas and...

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