Philipello v. Taylor, No. 10-11-00014-CV, 2012 Tex. App. LEXIS 3324 (Tex. Ct. App. Apr. 25, 2012)

(dispute regarding 1/4 interest in mineral rights to property acquired through series of deeds; trial court held Duhig v. Peavy-Moore Lumber Co., Inc., 144 S.W.2d 878 (Tex. 1940) doctrine applied, which requires that when there is a reservation in deed to one person and title is granted to another both the reservation and title grant cannot both be given effect; instead, the reservation fails; therefore 1/4 reserved interest ineffective, so interest failed to pass to plaintiff as subsequent owner; appellate court affirmed on appeal but for different reasons; held Duhig doctrine inapplicable; intent of parties clearly conveyed thorough all contracts relating to transfers which clearly made transfer subject to previous reservations and conveyances; further plaintiff’s deed clearly referenced reservation, so plaintiff had notice and could not procure greater interest than for which bargained and paid).