Elick v. Champlin Petroleum Co.

I respectfully dissent.

The only persons with authority to execute mineral leases are the owners of the minerals. Klein v. Humble Oil & Refining Co., 126 Tex. 450, 86 S.W.2d 1077, 1079 (1935). Appellants had no ownership interest in the mineral estate, therefore they could have no right to execute the leases thereon. “Only owners of mineral interests have authority to execute such leases.” Grissom v. Guetersloh, 391 S.W.2d 167, 171 (Tex.Civ.App.-Amarillo 1965, writ ref’d n.r.e.).

The history of Texas oil and gas law is that the executive right is a “power coupled with an interest.” A power…