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The court concluded that the underlying sales contracts did not require the seller to assign any particular percentage of its extra working interest, rendering the attempted post-closing corrections ineffective. The sales contracts addressed this extra up-to-5% interest through Section 8.1(iii),
The deed severed the mineral estate from the surface estate, with Myers-Woodward LLC (“Myers”) now owning the surface estate and a 1/8th non-participating royaltyinterest in minerals. As I recently summarized in my annual oil and gas law review (Austin W. In Humble Oil & Refining Co.
In 1947, Myers-Woodward's predecessors retained the surface estate but conveyed the mineral estate to Underground Services Markham's (USM) predecessor through a mineral deed that included "all of the said oil, gas and other minerals in, on and under said land." " • In Lightning Oil Co. West, 508 S.W.2d
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