Graham v. Prochaska

OPINION

Opinion by

LUZ ELENA D. CHAPA, Justice.

In this appeal, we must construe a 1950 warranty deed to determine the nature and size of the royalty interest retained by the grantors. The trial court rendered summary judgment in favor of the Pro-chaskas, who are the appellees and heirs of the grantors, and ruled they own a “floating” one-half royalty interest. The Reg-munds, who are the appellants and heirs of the grantees, contend the trial court misconstrued the warranty deed and ask us to reverse and render judgment that the Pro-chaskas are entitled to a “fixed” one-sixteenth royalty…