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

Oil and gas leases are one of the main granting instruments used in the oil industry. The “contract and conveyance” nature of these leases can make certain clauses challenging to interpret. In Wagner Brown, Ltd. v. Sheppard, the main discussion focuses on a pooling clause, specifically the legal nature of that clause and the rights conveyed from lessor to lessee through such pooling. After providing a detailed analysis of Wagner and Brown with regard to the jurisdiction in which it was decided, this article applies that lens to the examination and comparison of the Turkish legislature’s treatment of pooling. This leads to the Texas Supreme Court’s decision being called into question based on its arbitrary interpretation of fundamental property law principals.