Real Property – Recording – Sufficiency of Description for Notice

The grantor owned the disputed property in Scurry County, Texas, when he purported to convey to A, by quit-claim deed, properties described as “all the oil, gas and mining leases … located anywhere within the United States, most of which are located within the states of New Mexico, Kansas, Oklahoma, Louisiana and Texas.” This instrument was recorded in Scurry County. Subsequently, the grantor executed a conveyance to B covering the Scurry County interests, and B, in turn, conveyed them to C. C‘s search of the record did not disclose the prior conveyance to A. In an action by A against C for trespass to try title the trial court held that the description was insufficient as notice to the subsequent purchaser. On appeal, held, reversed. The description was sufficient to reasonably identify the land and to constitute a conveyance. Consequently, the recording was valid notice to the subsequent purchaser. Texas Consolidated Oils v. Bartels, (Tex. Civ. App. 1954) 270 S.W. (2d) 708.