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SPLIT DECISION–PROPERTY LAW: Execution of Correction Instruments, 04-17-00310-CV, Yates Energy Corp

In Yates Energy Corp. v. Broadway Nat’l Bank, the court addressed whether, under section 5.029 of the Texas Property Code, a party’s heirs, successors, or assigns must sign the correction instrument as opposed to the original parties of the recorded instrument, if the property interest conveyed in the original instrument has been assigned or conveyed by an original party to that party’s heirs, successors, or assigns. The majority held, yes, based on its construction of the statute. The concurrence construed section 5.029 as “requir[ing] all the parties to the original instrument, including the original grantor, or any who now stands in the shoes of an original party, to agree to the correction.”

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