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← 295 SW2D 529 - Minchen v. Hirsch

Minchen v. Hirsch’s Empirical Analysis

1956

Citation profile

2
cited by 2 later decisions
1
states following
November 1972
most recently cited

1 state decisions

Relationships

Relies on Gibbs v. Barkley · Williams v. J. & C. ROYALTY CO. · Edwards v. Edwards · Alexander v. Byrd · Spangler v. Spangler

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The real bone of contention in this lawsuit is the construction of the royalty deed from Bryan to Minchen. The original of this instrument was in evidence and has been brought up in the record on appeal in this case. The interest conveyed thereby is referred to in the deed in three places, first in the granting clause: “ ‘Have Granted, Bargained, Sold and Conveyed, and by these presents do hereby grant, bargain, sell and convey, unto the said S. Minchen, of Harris County, Texas, a one-sixteenth (546th) fee mineral royalty of our one-fourth (54th) interest in, on, or under the following described lands and premises, situated in Brazoria County,’ second in the habendum clause, “ ‘To Have and To Hold the above described one-sixteenth (54eth) fee perpetual mineral royalty in, on, or under our undivided one-fourth (54th) interest,’ and last in a clause which states the express intention of the grantor, “ ‘ * * * it is our intention to convey unto the said S. Minchen, his heirs and assigns, free and clear of all claims, liens and encumbrances, a perpetual one-sixteenth (5Í6th) fee mineral royalty/ojti of our interest therein.’ “It is noted that in the final clause stating the intention of the grantor, the grantor has written in the word ‘out’ in his own handwriting before the words ‘of our interest therein’ and has written to one side ‘ok DFB.’ “The trial court held that the joint effect of these three clauses was to convey to Minchen a Ye4th fee mineral royalty in the land in sui”
    1 later decision quote this exact passage
  2. ““ * * * it is our intention to convey unto the said S. Minchen, his heirs and assigns, free and clear of all claims, liens and encumbrances, a perpetual one-sixteenth (Jieth) fee mineral royalty/out of our interest there in." (Emphasis added.)”
    1 later decision quote this exact passage

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.