HOBBS v. HUTSON

No. 9497.

733 S.W.2d 269 (1987)

Marshall HOBBS, et al, Appellants, v. C.W. HUTSON, et ux, Appellees.

Court of Appeals of Texas, Texarkana.

Rehearing Denied June 16, 1987.


Attorney(s) appearing for the Case

David Lake, Tyler, for appellants.

Wayne Floyd, Mt. Pleasant, for appellees.


CORNELIUS, Chief Justice.

This is a suit to determine ownership of royalty in lignite produced from fifty-three acres of land in Titus County. The dispute centers around the proper construction of a mineral reservation.

Marshall Hobbs and others, herein called "Hobbs," owned the land prior to 1956. They sold it to O.L. Hale in September of 1956 by deed containing this reservation:

SUBJECT, however, to one-sixteenth (1/16th) non-participating royalty...

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