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

in which Chief Justice Hecht, Justice Green, Justice Johnson, and Justice Guzman joined.

In this case we construe a deed that conveyed a mineral estate and the surface above it. Doing so allows us to reinforce a trend in our mineral-deed jurisprudence. Over the past several decades, we have incrementally cast off rigid, mechanical rules of deed construction. We have warned against quick resort to these default or arbitrary rules. And we do so again today by reaffirming the paramount importance of ascertaining and effectuating the parties’ intent. We determine that intent by conducting a…