Provision Two – For whatever reason, The Court looked at the following language but then declined to hold that the insertion/inclusion of same made the instrument a conveyance, to wit: “To reinforce the ownership of the mineral estate under the two tracts of land, the following provision was inserted into the instrument: This Stipulation shall be deemed to contain adequate words of grant and conveyance as are necessary and proper to transfer and vest the ownership of the mineral estate in the Lands in each of the parties and proportions set out above.” Provision Three - The instrument and agreement of the parties was retroactively made effective as of July 8, 1987.
The last paragraph on page one of the 2008 Boundary Stipulation, as a matter of law, absolutely contains adequate words of grant and, coupled with a legally adequate description of the properties sought to be conveyed by and between the parties (as found in the instrument), clearly meets the requirements for, and intention to be, a (mineral) deed/conveyance under Texas Law. 14 The Court, by merely stating that it would not address Concho’s (and Ellison’s) argument that the 2008 Boundary Stipulation was a conveyance, does not make the instrument any less of a legal conveyance. The 2008 Boundary Stipulation is in fact and law both a contract and a conveyance . 15 The foregoing cited cases and their progeny represent the Texas legal precedent on the issue of stare decisis that was ignored by this Court and had to be ignored so that no correction deed analysis under Texas law could be performed with the resultant finding that, as a matter of law, the 2008 Boundary Stipulation was a VOID CORRECTION DEED and COULD NOT BE RATIFIED (See 4. And 5. Below) Was the rule of stare decisis not followed in this case where The Court refused to address the issue of whether the 2008 Boundary Stipulation a conveyance? In the author’s opinion, Yes. Were the rules governing what constitutes a conveyance in Texas expressly/impliedly overruled? Unknown. Does this case stand for some new rule of law? Unknown. If so, what is that rule? Unknown. All that is known is that the 2008 Boundary Stipulation was not, according to The Court, a conveyance. Does The Court’s refusal to even address the issue as indicated herein result in new rules of law governing conveyances? If not, what does Ellison stand for? Unknown. NOTE: To hold that the 2008 Boundary Stipulation was anything other than a deed is to potentially invalidate the thousands of similarly [13] Copeland v. Alsobrook , 3 S.W.3d 598, 606 (Tex. App. 1999) [14] Harris v. Strawbridge , 330 S.W.2d 911 (Tex. Civ. App.—1959). See also Brown v. Byrd , 512 S.W.2d 753 (Tex. Civ. App.— 1974) [15] Renwar Oil Corp. v. Lancaster , 276 S.W.2d 774 (Tex. 1955); Samson Exploration, LLC v. T.S. Reed Props., Inc ., 521 S.W.3d 766 (Tex. 2017)
Provision Four - The instrument was signed
by all affected parties.
Provision Five – Adequate consideration was recited to have been paid (remembering that consideration does not have to be monetary in nature). It can also be the mutual promises made and to be performed by the parties such as the conveyance of such mineral interests so that both parties own all of the mineral interests in the described tracts. “Consideration is a present exchange bargained for in return for a promise. Roark v. Stallworth Oil & Gas, Inc., 813 S.W.2d 492, 496 (Tex. 1991). It can be either a benefit to the promisor or a detriment to the promisee. Id. It may consist of some right, interest, or profit, or benefit that accrues to one party, or, alternatively, of some forbearance, loss or responsibility that is undertaken or incurred by the other party. Solomon v. Greenblatt, 812 S.W.2d 7, 15 (Tex. App.-Dallas 1991, no writ). A promise for a promise is sufficient consideration in Texas…” 13 As a matter of law, there was no question that the grantors and grantees in the 2008 Boundary Stipulation were identified - they signed the conveyance.
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N at i onal A ssociation of D i v i s i on O rder A nalys t s
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