AN ANALYSIS OF WAGNER & BROWN, LTD., v. SHEPPARD

Abstract

Oil and gas leases are one of the main granting instruments used in the oilindustry. The 5contract and conveyance8 nature of these leases can makecertain clauses challenging to interpret. In Wagner & Brown, Ltd. v. Sheppard,the main discussion focuses on a pooling clause, specifically the legal nature ofthat clause and the rights conveyed from lessor to lessee through such pooling.After providing a detailed analysis of Wagner and Brown with regard to thejurisdiction in which it was decided, this article applies that lens to theexamination and comparison of the Turkish legislatureFs treatment of pooling.This leads to the Texas Supreme CourtFs decision being called into questionbased on its arbitrary interpretation of fundamental property law principals.