Concho Resources, Inc. v. Ellison (Opinion)Annotate this Case
The Supreme Court reversed the judgment of the court of appeals reversing the trial court's grant of summary judgment for Defendants in this trespass to try title suit, holding that the trial court properly granted summary judgment for Defendants.
Plaintiff and Defendants were lessees of adjacent mineral estates. Plaintiff brought this suit alleging that Defendants drilled several wells either on Plaintiff's leasehold or closer to the lease line that allowed by Railroad Commission rules. Defendants claimed that Plaintiff ratified the boundary line through a boundary stipulation between the fee owners of the two mineral estates and Plaintiff's written acceptance of the stipulation, thus foreclosing the trespass claims. The trial court granted summary judgment for Defendants. The court of appeals reversed, concluding that the boundary stipulation was void and therefore could not be ratified. The Supreme Court reversed, holding (1) the boundary stipulation was valid; and (2) Defendants conclusively established their ratification defense.