county property and that is exactly what took place with this property it wasn't until about two thousand two thousand and one that anyone noticed there may be some type of work in the exploring the ground in two thousand and two thousand and one the defendants the individuals that i represent executed well in gas leases in the next few days i'm since that time is turned out to be a pretty valuable resource in the time period no reason in the states shouldn't have been aware of this sooner had they just looked at the information available to them they simply waited until they thought it was important in a minute to decide if you're going to take any possession of this property or attempt any possession of control i should say well they executed the system so yes i do believe that they did when there was production and they were cast on it they get it and how long did they do that before the state in this situation we have no idea where would that come from actually what the defendants have they have you know indicated in their brief that we need to know what the executor is easy and in selling the departments intent and purchasing and the courts intent based on the west of the executor what we're argu so what we're saying is it was a mistake and that there is evidence of conduct after the execution of the deed that indicates neither the department or the executor thought that a one with interest was actually preserved by that deed but the evidence from that apartment in less than a year later they went and they managed fish and they had to condemn property to create this evening for and they added this property because they needed to hire that one fourth interest that had previously been conveyed to the on the royalty company and in divided between the twin brother in that condemnation they were trying to get the last one for the interest from the winds who received from it into her husband as well as what the the department did executor didn't do anything inconsistent we're having conveyed away all of it of interest she didn't have anything to give to any other people for this month's worth interest reserve she didn't have a release escape for this one for interest reserve she acted consistently violent her final settlement of war by not even mentioning anyone for the interest for this oil and gas so what you're saying is the can only do what she was empowered to do by the court and all of the court documents say three quarters and be hearsay or is it understood because they were talking about is interest after the nine hundred sixty eight was executed well as i just laid out the department didn't treat it as a reservation the executor didn't treat it as a reservation nothing on her actually in the forty years  did exist but after forty years of thinking that they own the property that they have wired hundred percent of the oil and gas does the state have the burden continually checking the records  under the landscape where the oil that you're claiming is i didn't understand it yet so you would have gotten you would have had to issue that permit not you personally but  entities that were just collectively said these are the owners of all of the tracks in these units that we're talking about there was no designation this tract we're saying belongs to a b total seventy acres of the special drilling units from the two thousand two thousand and one was five hundred forty five or so acres so it was just a small part of that and so it began with out the and they are making that kind that the ownership interest one sided but bear making that claim based on findings in the hearing order that say have not ever actually litigated the the exact question who owns that one for insurance they haven't litigated it and it wasn't specifically litigated in the various one thing i'd sort of like to come back around as miss moore made the argument that i think kind of misunderstood what the court the trial court did the trial court did not rule in our favor on our alternative claim construction where we had said you know construe that exception is nothing more than an indication that the executor didn't want to be warrant as far a if your honour's take a look at that document was included as one of the exhibits to the state's move to personally judgment there's no real estate whatsoever listed and it's not as though everything but this piece was listed none something in the past and i think it makes it an even greater injury to th