Leal v. Cuanto Antes Mejor LLC, 2015 Tex. App. LEXIS 6724 (Tex.App. 4th Dist) July 1, 2015

This was a dispute over whether or not a deed conveyed a fraction of royalty (that would float with the royalty amount) or a fractional royalty. The operative deed provided that the grantors were retaining all minerals “except an undivided one-fourth (1/4) non-participating royalty interest hereinafter specifically conveyed to Grantees.” And later stated “There is specifically conveyed to Grantees herein … an undivided one-fourth (1/4) interest in and to all of the royalty paid on production.” The court held that this conveyed a fraction of royalty that would float with the amount of royalty in the underlying lease.