Cynthia A. Houchins and Darrell E. Houchins v. Devon Energy Production Company, L.P. and Phillip Trew, Sr.

Summary

The Texas Court of Appeals considered whether a warranty deed unambiguously reserved mineral rights to the grantor and whether deed-of-trust restrictions barred oil and gas drilling. The court held that the deed clearly reserved all mineral rights to Phillip H. Trew and was not ambiguous. It also declined to consider the argument that the deed of trust independently prohibited drilling because the issue was inadequately briefed, and affirmed the trial court's judgment.

Holdings

1. The deed's statement that Trew expressly retained mineral rights clearly reserved all mineral rights to Trew and excluded them from the conveyance to the Houchinses.
2. The deed was unambiguous because the Houchinses' proposed interpretation was not reasonable and would render the express mineral-retention language meaningless.
3. The court did not consider the Houchinses' argument that the deed of trust independently prohibited oil-and-gas drilling because the argument was inadequately briefed.

Questions Presented

1. Whether the warranty deed's language expressly retaining mineral rights reserved those rights to Trew or merely created an exception to the warranty of title.
2. Whether the deed was ambiguous concerning ownership of the mineral rights.
3. Whether the deed-of-trust provisions restricting use of the property independently prohibited oil-and-gas drilling and bound Trew and Devon.

Disposition

affirmed