Delta Drilling Company v. Simmons

This oil and gas case involves the construction of an instrument, a printed form, which is self-styled a “Mineral Deed, Texas Standard Form.” The problems arise because of the words typed into some of the blanks in the form.

The land in question was subject to an oil and gas lease reserving to the lessor a royalty of one-eighth. The lessor then executed this instrument which, in the granting clause, conveyed to the grantees an undivided one-fourth interest in all the minerals. The instrument also provided in part (with the inserted typewritten words here italicized) that it was understood that…