Masterson v. Texas Pacific Coal & Oil Co.

WILSON, Justice.

This trespass to try title action involves, basically, the construction of a deed. The question is whether title to mineral interests, retained in prior conveyances of five tracts in the same survey, passed by the deed in question.

The Manuel Tijerino Survey was patented in 1850 as 640 acres. Masterson Irrigation Company, the common source, was the owner in fee simple of the entire survey in August, 1917. In that and the following year this corporation executed five deeds to separate tracts in the survey, in each of which it retained an undivided ¾4 mineral interest; describing…