Anderson & Kerr Drilling Company v. F. A. Bruhlmeyer

Summary

The Texas Supreme Court held that the reservation clause in the 1891 deed unequivocally reserves a fee simple title to an undivided one‑half interest in all oil and gas, and that, under Article 2293, Subdivision 1 of the Revised Civil Statutes, the heirs are entitled to a receiver for the entire mineral estate. The Court affirmed the trial court’s appointment of a receiver and rejected the appellants’ request to limit the receiver’s authority to the proceeds of the oil. The decision relied on established rules of contract construction and prior case law.