AUSTIN, March 17, 2026 – Baker Botts L.L.P., a leading international energy, technology, and life sciences law firm, has received a unanimous Texas Supreme Court decision providing long awaited guidance on the interpretation of “double fractions” in mineral conveyances.

In Clifton v. Johnson, No. 23 0671 (Tex. Mar. 13, 2026), the Court held that a 1951 deed conveying “a 1/128 (1/16 of the usual 1/8 royalty)” created a fixed 1/128 royalty interest, reversing the El Paso Court of Appeals, which had applied the Van Dyke presumption to find a 1/16 floating royalty. In holding that the deed’s text rebutted the presumption, the Court emphasized that the deed repeatedly stated a single fraction—1/128—representing the arithmetical product of the referenced double fractions.

Citing the presumed-grant doctrine, the Court further noted that the parties’ consistent, decades long treatment of the interest as a fixed royalty reinforced the textual analysis. The decision marks the first time the Texas Supreme Court has held that deed language rebuts the Van Dyke presumption and provides clarity for courts and practitioners interpreting legacy mineral instruments.

Baker Botts Lawyers/Offices Involved:
Macey Reasoner Stokes (Partner, Houston) and Daniel Rankin (Associate, Austin) led the Supreme Court appeal team for COG Operating LLC.

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