Benedict G. Wenske and Elizabeth Wenske v. Steve Ealy and Deborah Ealy

Justice Boyd,

joined by Justice Willett, Justice Lehrmann, and Justice Devine, dissenting.

The deed in this case grants all of the interests in all of the property to the grantees, “subject to” a reservation for the grantors of a 3/8ths mineral interest and an exception of a l/4th royalty interest that belongs to previous owners. The only thing “subject to” anything is the interest granted to the grantees. Neither the reserved mineral interest nor the excepted royalty interest is “subject to” anything. Under the deed’s plain language, only the interest granted to the grantees is “subject to”…