Patrick v. Barrett

ROBERTSON, Justice.

This case concerns the proper construction of reservation and exception clauses in a mineral deed.

On July 13,1946, L.G. Tuer and his wife, Iva Mae Tuer, conveyed a 44.5 acre tract of land to R.D. Patrick. In this deed, the Tuers excepted and reserved to themselves a ¼6⅛ royalty interest. On September 1, 1950, Patrick conveyed the same 44.5 acres to Maurice and Carrie Barrett, husband and wife. This 1950 deed contained two exception and reservation clauses. The first clause contained the following exception:... [t]here is excepted from this conveyance a one-sixteenth (¾6⅛)…