El Paso Court of Appeals Construes 1950 Mineral Deed Reservation: Non-Participating Royalty Interest vs. Stripped Mineral Interest

The El Paso Court of Appeals resolved competing summary judgment motions concerning a 1950 Brazos County mineral deed containing internally inconsistent reservation language—expressly reserving a 1/32 interest in minerals to each grantor while excluding bonus and rentals, yet concluding with language reserving "a one-fourth non-participating interest in the customary one-eighth royalty." The court held that each grantor reserved a 1/4 mineral interest stripped of all rights except the right to royalty payments equal to 1/4 of the lease royalty, harmonizing the deed's contradictory provisions through application of the four-corners rule.