Concord Oil Co. v. Pennzoil Exploration and Production Co.

in which PHILLIPS, Chief Justice, HECHT and ABBOTT, Justices, join.

The motions for rehearing were granted, and the opinion of the Court dated October 18,1996 is withdrawn.

This case presents an issue with which this Court, other courts, and practitioners have struggled for many years: What interest has been conveyed in an oil and gas property when two differing fractions appear within the conveying instrument? The granting clause of the mineral deed in controversy describes the interest conveyed as a 1/96 interest in minerals, but a subsequent clause *453states that the conveyance covers and…