Eleventh Court Holds Unproduced Letter Agreement Defeats Summary Judgment on ORRI Chain of Title

The Eleventh Court of Appeals reversed summary judgment for Endeavor Energy Resources in its suit to recover overriding royalty interest payments allegedly made in error to the Browns, holding that Endeavor's failure to produce an unrecorded letter agreement expressly incorporated into a 1998 ORRI assignment created a fact issue on chain of title. The court determined that when an assignment is made 'subject to the terms and conditions' of an extrinsic document, the party claiming superior title must produce that document to establish ownership as a matter of law.