Luckel v. White

OPINION

GAMMAGE, Justice.

This suit concerns the construction of a royalty deed in which the “granting,” “ha-bendum” and “warranty” clauses recite that a V32nd royalty interest is conveyed, but the “subject to” and “future lease” clauses state that the grantee shall be entitled to receive one-fourth of any and all royalties. The grantee’s successors (Luck-el, et al.) sought declaratory judgment that the deed conveyed an interest in one-fourth of the royalties reserved under all subsequent leases and an accounting for oil and gas production on the land. Both sides moved for summary judgment. The…