Davis v. Mueller – Validity of Deeds Upheld IN THE SUPREME COURT OF TEXAS NO. 16-0155
JAMES H. DAVIS, INDIVIDUALLY AND D/B/A JD MINERALS, AND JDMI, LLC, PETITIONERS, v. MARK MUELLER, RESPONDENT
ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS JUDGMENT
THE SUPREME COURT OF TEXAS, having heard this cause on petition for review from the Court of Appeals for the Sixth District, and having considered the appellate record, briefs, and counsel’s argument, concludes that the court of appeals’ judgment should be reversed.
IT IS THEREFORE ORDERED, in accordance with the Court’s opinion, that: 1) The court of appeals’ judgment is reversed;
2) Judgment is rendered that respondent Mark Mueller take nothing; and
3) Petitioners James H. Davis, Individually and d/b/a JD Minerals, and JDMI, LLC, shall recover, and respondent Mark Mueller shall pay, the costs incurred in this Court and in the court of appeals.
Copies of this judgment and the Court’s opinion are certified to the Court of Appeals for the Sixth District and to the District Court of Harrison County, Texas, for observance.
Opinion of the Court delivered by Chief Justice Hecht
Justice Boyd did not participate in the decision
May 26, 2017 **********
Davis v. Mueller On May 26, 2017, the Texas Supreme Court delivered its opinion in this case, reversing the court of appeals and rendering judgment in favor of Davis. The court upheld the validity of deeds conveying all of the grantors’ mineral rights in an entire county. The original deeds were executed in 1991 and in 2011 the same grantors purported to deed mineral interests to Mueller. Mueller sued Davis, alleging among other claims that the property descriptions and granting clause in the 1991 deeds were insufficient. Davis was granted summary judgment by the trial court. Concluding that the general granting clause was ambiguous and holding
that the question required a jury, the court of appeals reversed. The Supreme Court of Texas reversed, held that the general granting clause in the 1991 deeds was sufficient to convey the mineral interests in question and that Davis had superior title to the property since the 1991 conveyances preceded the Mueller conveyances. This is an interesting case that reviewed several other issues prior to the Supreme Court rendering its opinion. View “Davis v. Mueller” on Justia Law
Submitted by Rona Erickson, CDOA
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