Elick v. Champlin Petroleum Co.

OPINION

MURPHY, Justice.

This is an appeal from a summary judgment rendered in a declaratory judgment action. The trial court construed a deed reservation as failing to reserve executive rights in appellants over an 89.38 acre tract of land and this appeal resulted. Reversed and Remanded.

On March 12, 1945, J.J. and Virginia El-ick conveyed the surface and mineral estates in an 89.38 acre tract of land located in Burleson County, Texas, to J.A. Maddox. This deed contained the following reservation:

“SAVE AND EXCEPT an undivided ½2 royalty interest in and to all of the oil, gas and other minerals…