DuBois v. Jacobs

O’QUINN, Justice.

Appellees brought this action for reformation of conveyance in a deed reserving certain royalty interests in oil, gas, and other minerals and, alternatively, for declaratory judgment holding that the reservation did not include coal, lignite, sand, and gravel.

The record discloses that Genevieve Rix Fitzwilliam in December of 1967 conveyed 326 acres in Bastrop County to Cleve W. Jacobs, Jr., and wife, with reservation to grantor, her heirs and assigns, “an undivided ½ royalty of all the oil, gas and/or other minerals” and specifying that the “interest hereby reserved is a…