Legal Opinion

Wenske v. Ealy

Court of Appeals of Texas

Decided January 28, 2016No. NUMBER 13-15-00012-CVPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

Memorandum Opinion by

Chief Justice Valdez

Appellants, Benedict 6. and Elizabeth Wenske, challenge the trial court’s grant of traditional summary judgment in their cause of action for declaratory judgment in favor of appellees, Steve and Deborah Ealy. By one issue, appellants contend that as a matter of law they own 3/8ths of the minerals and 3/8ths of the royalties, unburdened by an outstanding l/4th nonparticipating royalty interest (NPRI) belonging to former owners of the property.1 We affirm.

I. Background

In 1988, appellants purchased approximately fifty-five acres from,…

2Cases cited18 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Centeq Realty, Inc. v. SieglerTexas Supreme Court · 1995
  3. KCM Financial LLC v. BradshawTexas Supreme Court · 2015
  4. Dickey v. Club Corp. of America, Texas Court of Appeals, 5th District (Dallas)2000
  5. Duhig v. Peavy-Moore Lumber Co.Texas Supreme Court · 1940

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3Cited by1 opinion

  1. Benedict G. Wenske and Elizabeth Wenske v. Steve Ealy and Deborah EalyTexas Supreme Court · 2017

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