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Two Decisions by Eastland Court of Appeals on Fraction-of-Royalty Issue

Oil and Gas Lawyer

Fasken sued the Boren and Mabee descendants in 2019, contending that the 1933 deed reserved a floating 1/4th of the royalty. The Boren and Mabee descendants raised several affirmative defenses, including waiver, division order estoppel/estoppel by contract, judicial estoppel, estoppel by Continue reading

Royalty 130
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Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

Producer's Edge

Between 2013 and 2020, Fasken, as Midland Farms’ successor, signed division orders allocating itself a fixed 1/32 royalty interest, which was paid accordingly. Mabee and Boren Descendants and Royalty Owners (“Boren”) are successors to the grantee.