Legal Opinion

Scholz v. Heath

Texas Court of Appeals, 10th District (Waco)

Decided November 8, 1982No. 10-81-043-CVPublishedCited by 16 opinions

1Opinion of the Court

OPINION

CHASE, Justice.

This declaratory action was brought to resolve a three-party dispute over the ownership of a royalty interest in lands conveyed and reserved in a 1971 general warranty deed, hereafter referred to as the Scholz deed. The Scholz deed, conveying 395.7 acres of land which consisted of two tracts, a 312.2 acre tract and a 83.5 acre tract, contained the following reservation:

SAVE AND EXCEPT from this conveyance one-half (½) of the royalty in the oil, gas, and other minerals in and under said tracts of land in the manner and according to the terms in a deed from Martin Standley…

2Cases cited11 opinions

  1. In Re King's EstateTexas Supreme Court · 1951
  2. Duhig v. Peavy-Moore Lumber Co.Texas Supreme Court · 1940
  3. Harris v. WindsorTexas Supreme Court · 1956
  4. Waters v. EllisTexas Supreme Court · 1958
  5. Smith v. LiddellTexas Supreme Court · 1963

6 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  2. Mercer v. Bludworth, Texas Court of Appeals, 1st District (Houston)1986
  3. Transource International, Inc. v. Trinity Industries, Inc., a Texas CorporationCourt of Appeals for the Fifth Circuit · 1984
  4. Angell v. Bailey, Texas Court of Appeals, 8th District (El Paso)2007
  5. I & JC Corp. v. Helen of Troy L.P., Texas Court of Appeals, 8th District (El Paso)2005

11 more not listed; retrieve them via the Exa API.

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