Deed Containing Two 'Subject To' Clauses Held Ambiguous

摘要

The court in Gore Oil Co. v. Roosth, 158 S.W.3d 596 (Tex. App.--Eastland 2005, no pet. h.), construed a general warranty deed from Peyton McKnight, predecessor to the plaintiffs interests, to Eagle Investment Company, conveying the tract in question. Following the granting language and land descriptions were two clauses that generated the dispute: Grantor unto himself, his heirs and assigns, reserves free of all liens a full one-eighth (1/8) non-participating royalty interest in the Property subject to any previously conveyed or reserved mineral interest as may appear of record in Knox County, Texas. This conveyance is made and accepted subject to all restrictions, reservations, covenants, conditions, rights-of-way and easements now outstanding and of record, if any, in Knox County, Texas, affecting the above described property.