In 1974, Frank Meier deeds to his wife, Helen Meier, mineral interests in 7 tracts in Gaines County, Texas. Frank dies in 1985 and three years later Helen marries Gerald Losey. Appellee Lynn Eisner contends that in 1991 Helen conveyed these mineral interests to her in five unrecorded gift deeds. Appellant Enerlex, Inc. ("Enerlex"), on the other hand, contends that Helen bequeathed the mineral interests to Gerald when Helen died in 1995. In 1996, Helen's will is probated in Florida and copies of her probate documents are recorded in Gaines County that year. When Gerald dies in 2003, he leaves his estate to his surviving spouse, Grace Losey. Grace executes a mineral deed in 2005 conveying all of her mineral interests in the property in Gaines County to Enerlex. Enerlex records its deed in 2005. Although Eisner files a notice of heirship in Gaines County in 1999, she does not file her gift deeds until 2006. Enerlex sues Eisner and Amerada Hess, Inc. ("Amerada Hess") claiming superior title to the disputed mineral interests. The parties file competing motions for summary judgment and the trial court grants Amerada Hess's and Eisner's motions rinding that Eisner owns the disputed interests. Enerlex appeals contending that it has superior title or, alternatively, that there are questions of fact concerning its status as a bona fide good-faith purchaser. Eisner responds that Enerlex cannot be a bona fide purchaser because the 2005 mineral deed is a quitclaim deed and because it had prior notice of her claim. Held: summary judgment in favor of Eisner and Amerada Hess is affirmed.
展开▼
