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DELTA DRILLING COMPANY v. SIMMONS

Nos. A-7451, A-7452.

338 S.W.2d 143 (1960)

DELTA DRILLING COMPANY, Petitioner, v. Maxwell D. SIMMONS et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 5, 1960.

Attorney(s) appearing for the Case

Kliewer & Roach, Dallas, for petitioner.

Spruiell, Lowry, Potter, Lasater & Guinn, Tyler, for Maxwell D. Simmons & L. E. Ostrom.

Ramey, Calhoun, Brelsford, Hull & Flock, Tyler, for Citizens First Nat. Bank of Tyler.

Shank, Dedman & Coggan, Dallas, for J. A. Goodson Trustee, Caroline Hunt Trust Estate.

Smead & Harbour, Longview, for Longview Nat. Bank, Longview, Texas.

Wilson & Spivey, Tyler, for all other respondents.

GREENHILL, Justice.

This oil and gas case involves the construction of an instrument, a printed form, which is self-styled a "Mineral Deed, Texas Standard Form." The problems arise because of the words typed into some of the blanks in the form.

The land in question was subject to an oil and gas lease reserving to the lessor a royalty of one-eighth. The lessor then executed this instrument which, in the granting clause, conveyed to the grantees an undivided...

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