A. H. (Arch) Benge v. Clarence Scharbauer, Jr.

Summary

The Texas Supreme Court held that the deed conveyed to Benge a 5/8 undivided mineral interest and to the Scharbauer heirs a 1/8 undivided mineral interest, but the Scharbauer heirs are entitled to three‑eighths of all bonuses, delay rentals and royalties under existing and future leases. The Court reversed the trial court’s finding that Benge owned only a 3/8 mineral interest and affirmed the lower appellate court otherwise.