This deed did not describe the boundaries or location of the Southeast Tract the deed simply referred to it as the “493 acre tract.” Below is a relative representation of the relevant area. Sugg by partition deed the remaining 493 acres (the “Southeast Tract”). In 1930, the executor of Sugg’s estate conveyed to A. lands located North and West of the public road which now runs across the corner of said Survey, containing 147 acres, 3 more or less” (the “Northwest Tract”). One of the tracts conveyed in that deed is described as “Second Tract: All of Survey 1, Block 6, H & T.C. To effectuate the swap, the Sugg family executed a deed on J(“the 1927 Deed”). Some of Sugg’s heirs agreed to swap land with the Noelkes, nearby landowners. Sugg’s estate is the source of title to the 154 acres of land that are in dispute. Sugg died in 1925, his estate and family assumed 100% ownership of “Section 1,” a 640-acre tract of land. We reverse and render in part, and reverse and remand in part.
#COG OPERATING LLC TRIAL#
On crossappeal, Concho argues that the trial court erred by not awarding: (1) lost profit damages (2) prejudgment interest (3) attorneys’ fees in connection with the defense and prosecution of claims under the Declaratory Judgment Act and (4) appellate attorneys’ fees. By six issues, which we have renumbered, Ellison argues that the trial court erred by: (1) granting Concho’s motion for summary judgment (2) failing to grant her own motion for summary judgment (3) failing to enter a take-nothing judgment on Concho’s breach of contract counterclaim (4) granting the motion for summary judgment filed jointly by Sunoco and Samson (5) granting the independent motion for summary judgment filed by Sunoco and (6) committing various errors and omissions in the jury charge. Samson and Sunoco filed a joint motion for summary judgment, and Sunoco filed an independent motion for summary judgment the trial court granted both motions. The case proceeded to a jury trial on Concho’s counterclaims, and the jury returned a verdict in favor of Concho. The trial court granted Concho’s motion, and dismissed all of Ellison’s claims with prejudice.
Concho moved for summary judgment on all of Ellison’s claims, asserting that a 2008 letter agreement, signed by Marsha Ellison’s late husband, Jamie Ellison: (1) relinquished and waived any claim of ownership over the disputed land and (2) ratified the boundary as depicted in the This case is before this Court on transfer from the Third Court of Appeals in Austin pursuant to a docket-equalization order issued by the Supreme Court of Texas. Ellison filed a motion for summary judgment, claiming that she established that her leasehold encompassed a certain disputed tract of 154 acres. Concho counterclaimed for breach of contract and sought declaratory judgment that a 2008 Boundary Stipulation confirmed that the boundary between the two leasehold estates was in a different location than that claimed by Ellison. In the present suit, Ellison pled several causes of action, including trespass-to-trytitle, conversion, unlawful drainage, gross negligence, and nonpayment of oil and gas proceeds. The suit against S/D Oil was tried separately and is not part of this appeal. (collectively, “Sunoco”) and S/D Oil and Gas Corporation. 1 Appellant Marsha Ellison d/b/a Ellison Lease Operating brought suit against eleven defendants: Concho Resources, Inc., COG Operating LLC, Three Rivers Acquisition LLC, and Three Rivers Operating Company (collectively, “Concho”) Samson Resources Co., Samson Exploration, LLC, Samson Lonestar, LLC, and Samson Lonestar Limited Partnership (collectively, “Samson”) Sunoco Logistics Partners Operations GP LLC, and Sunoco Partners Marketing & Terminals L.P. Before Chief Justice Contreras and Justices Longoria and Hinojosa Memorandum Opinion by Justice Longoria This suit concerns the boundary between two mineral estates in Irion County. ET AL On appeal from the 51st District Court of Irion County, Texas. SAMSON LONE STAR LIMITED PARTNERSHIP SAMSON LONE STAR LLC SAMSON EXPLORATION, LC S/D OIL AND GAS CORP. COG OPERATING, LLC, Appellees and Cross-Appellants, SAMSON RESOURCES CO. THREE RIVERS ACQUISITION LLC THREE RIVERS OPERATING CO. NUMBER 13-17-00046-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG MARSHA ELLISON, D/B/A ELLISON LEASE OPERATING, Appellant and Cross-Appellees, v.
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