Texas Supreme Court
Stanley Lewis v. East Texas Finance Company
January 22, 1941136 Tex. 149
Summary
The Texas Supreme Court held that the phrase “not including the road” in the 1931 oil and gas lease merely excluded the road from the acreage calculation and did not create ambiguity or remove the land from the grant, so the lease conveys fee subject to a road easement; consequently the plaintiffs were awarded title and possession of the tract, and the case was remanded for a trial on damages.