Author Manning Wolfe

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Duhig comes into play when a mineral owner owns less than 100% of the property conveyed by a Warranty Deed, and reserves a fractional interest. It boils down to interpreting a fraction of a fraction. The rule was borne from the Texas case Duhig v. Peavey-Moore, 135 Tex. 503, 144 S.W.2d 878 (Tex. 1940). Several other states have adopted the Duhig rule, either in whole, or with modifications, including Arkansas, Oklahoma, North Dakota, and Wyoming.

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