Southern Title Insurance v. Oller

Frank Holt, Justice.

In 1975 appellees purchased approximately 400 acres of property in Hempstead County. At the same time, they purchased title insurance from the appellant which insured against any loss or damage they might sustain by reason of certain enumerated defects or unmarketability of their fee simple title to the property. However, the policy contained the following exclusionary clause: “subject to mineral interest leased or reserved.” There was in existence at the time a recorded 1909 deed to the property which reserved to the grantors one-half of the “chalk deposits” on the land…