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MORRISS v. FIRST NAT. BANK OF MISSION

No. 12352.

249 S.W.2d 269 (1952)

MORRISS et al. v. FIRST NAT. BANK OF MISSION et al.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied May 28, 1952.

Attorney(s) appearing for the Case

Tarlton Morrow, Vinson, Elkins & Weems, Houston, Sawnie B. Smith, Edinburg, Robertson, Jackson, Payne, Lancaster & Walker, A. W. Walker, Jr., Dallas, for appellants.

Gauis G. Gannon, Houston, Earl A. Brown, Sam H. Field, Dallas, for appellees.

POPE, Justice.

This is an interpleader suit brought by the First National Bank of Mission, Texas, as depository for certain funds payable under an oil and gas lease, to determine whether the funds in dispute are royalties that belong to the non-participating royalty owners as a "minimum royalty," or rents or bonus payable to the lessor who owned the leasing or executive rights. The suit is also for a declaratory judgment. The trial court without deciding that the...

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