Benge v. Scharbauer’s Empirical Analysis
1953
Citation profile
3 federal appellate · 154 state decisions
How this case has been cited
Cited by 159 later decisions — most recently April 2018 · most notably Woods v. Sims (1954), McMahon v. Christmann (1957)
3 federal appellate · 154 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Duhig v. Peavy-Moore Lumber Co. · Nye v. Bradford · Humphreys-Mexia Co. v. Gammon · Richardson v. Hart · King v. First National Bank of Wichita Falls
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 159 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"* * * One-eighth of the bonuses, rentals and royalties normally would go to the grantors as owners of a 1/8th interest in the minerals and 5/8ths of bonuses, rentals and royalties would normally go to the grantee as the owner of a 5/8ths interest in the minerals. But are not the owners of such interests in the minerals free to agree, if they desire to do so, that their fractional interests in bonuses, rentals and royalties under leases to be executed shall be in different amounts from what they normally would be? [Emphasis added.] "The fractional part of the bonuses, rentals and royalties that one is to receive under a mineral lease usually or normally is the same as his fractional mineral interest, but we cannot say that it must always be the same. The parties owning the mineral interests may make it different if they intend to do so and plainly and in a formal way express that intention. Here that intention is expressed by clear language in the deed that leases executed by the grantee under the power given shall provide for the payment of 3/8ths of all bonuses, rentals and royalties to the grantors. The provision is not an agreement that the parties to the deed shall participate in the bonuses, rentals and royalties in proportion to their ownership of mineral interests. It is rather a contractual provision that the grantors shall receive a specified part of the bonuses, rentals and royalties; namely, 3/8ths."”
2 later decisions quote this exact passage · from the majority““It is also well settled that where the conveyance represents that the grantor is the owner of a particular interest in property and such interest is conveyed by the deed, the grantor is estopped by his covenant of general warranty to claim that the deed conveyed a less estate than grantor’s ownership. Duhig v. Peavy-Moore Lumber Co., Inc., 135 Tex. 503 , 144 S.W.2d 878 .””
1 later decision quote this exact passage · from the majoritye.g. Hanson v. Pelham“not strike down any part of the deed, unless there is an irreconcilable conflict wherein one part of the instrument destroys in effect another part thereof.”
1 later decision quote this exact passage · from the majoritye.g. Luckel v. White
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.