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Duhig v. Peavy-Moore Lumber Co. - 135 Tex. 503, 144 S.W.2d 878 (1940)

Rule:

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.

Facts:

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.

Issue:

Did the reservation by Duhig constitute a separate reservation, on his behalf, of the remaining one-half interest in the mineral rights?

Answer:

No

Conclusion:

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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