Law School Case Brief
Duhig v. Peavy-Moore Lumber Co. - 135 Tex. 503, 144 S.W.2d 878 (1940)
A deed purporting to convey a fee simple or a lesser definite estate in land and containing covenants of general warranty of title or of ownership will operate to estop the grantor from asserting an after-acquired title or interest in the land, or the estate which the deed purports to convey, as against the grantee and those claiming under him.
W. J. Duhig acquired certain property through the estate of Alexander Gilmer with a reservation by the grantor of an undivided one-half interest in all of the mineral rights or minerals in and on the land. Thereafter, Duhig deeded the property to Miller-Link Lumber Company (Miller-Link). The deed again stipulated that the grantor retained an undivided one-half interest in all of the mineral rights or minerals in and on the land. The heirs of Duhig claimed that the title passed to Miller-Link only as to the surface estate and that the heirs retained the one-half interest in the mineral rights reserved by Duhig.
Did the reservation by Duhig constitute a separate reservation, on his behalf, of the remaining one-half interest in the mineral rights?
The court held that the reservation by Duhig merely preserved the undivided one-half interest in the mineral rights on behalf of the original grantor, the estate, and did not constitute a separate reservation on behalf of Duhig of the remaining one-half interest in the mineral rights. Thus, Miller-Link acquired title to the property including the remaining one-half interest in mineral rights.
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