J. P. Acker v. M. M. Guinn

This is a declaratory judgment action brought by petitioner Acker against respondent Guinn and another. The question to be decided is whether an interest in the iron ore passed to the grantee under a deed executed in 1941 and purporting to convey "an undivided 1/2 interest in and to all of the oil, gas and other minerals in and under, and that may be produced from" a tract of 86-1/2 acres in Cherokee County. Petitioner, who holds under the grantee, claims that the conveyance included an interest in the iron ore. Respondent, who holds under the grantor, insists that it did not. Both parties filed motions for summary judgment, and the trial court sustained petitioners motion. The Court of Civil Appeals concluded that the deed conveyed no interest in the iron ore. It accordingly reversed the judgment of the trial court and rendered judgment in respondents favor. 451 S.W.2d 549. We agree with the Court of Civil Appeals.