Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption
Producer's Edge
APRIL 30, 2025
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 (“Mabee”), reserving a 1/4 interest in the “usual one-eighth royalty” as a nonparticipating royalty interest.
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