ABERCROMBIE v. BRIGHT
271 S.W.2d 734 (1954)
J. S. ABERCROMBIE et al., Appellants,
H. R. BRIGHT et al., Appellees.
Court of Civil Appeals of Texas, Eastland.
May 7, 1954.
Rehearing Denied June 4, 1954.
Stubbeman, McRae & Sealy, Midland, Fouts, Amerman & Moore, Houston, Sentell, Rosser & Willbern, Snyder, F. L. Hartman, Fort Worth, W. J. Knight, Fountain, Cox & Gaines, Houston, Golden, Croley & Howell, Dallas, J. M. Easterling, Corpus Christi, for appellants.
Shank, Dedman & Payne, Dallas, Park & Hemphill, Snyder, Leachman, Matthews & Gardere, Harris & Lee, Dallas, Wayland G. Holt, H. J. Brice, Snyder, for appellees.
This is a trespass to try title suit brought by Scurry County, Texas, and H. R. Bright to recover title and possession of the surface and of the oil, gas and other minerals of a 6.87-acre tract of land in Block 21, Section 40, Kirkland and Fields Survey in Scurry County, Texas. Scurry County claimed the record and legal title to the property under a deed dated August 8, 1934 from Guy Stoker, Lowell Stoker and Frank Stoker, and their wives, and Beatrice Stoker Webb and her husband, who are hereafter referred to as the Stokers. The deed was filed for record in the Deed Records of Scurry County on July 19, 1952. H. R. Bright claimed under an oil and gas lease from Scurry County but during the trial of the case took a non-suit.
All defendants named in the suit filed pleas of not guilty and a general denial. Defendants Guy Glenn and wife, Amy B. Glenn, and their lessee, Charlie Lockhart, Jr., filed a cross action asserting title to the land in question under the ten-year statute of limitations. Scurry County and the Glenns have entered into an agreement settling their controversy. Other defendants were M. R. Estes, who claims an interest in the surface and minerals under a quitclaim deed from some of the Stokers. J. S. Abercrombie who claims under an oil and gas lease from the Stokers and their grantees, and in addition to a plea of not guilty and a general denial, filed a cross action urging pleas of the two and four year statutes of limitation, stale demand, estoppel, innocent purchaser and the three, five and ten year statutes of limitation. Defendants Sue Hill Metts, and husband, Dean Metts, Betty Felix Helis, William G. Helis, Jr., Adrienne Helis Malvin and husband, A. Malvin, Virginia Helis Droulia, Esther Helis Henry and husband, Paul Henry, C. S. Atchison, D. E. Kenney, R. B. Moncrief, W. A. Moncrief, Summerfield G. Roberts, Laura Sue Hall and Paul C. Teas, Jr., all claim royalty and mineral interests under the Stokers, H. J. Brice and O. B. Price. Defendants O. B. Price and wife, Lela Price claim under a mineral deed from H. J. Brice and wife dated July 13, 1945; H. J. Brice and wife claim under a deed from Lowell Stoker and Frank Stoker dated in October, 1934, conveying their one-half interest in the property.
The case was tried before a jury and based upon its verdict, the stipulations and agreements by and between the parties and such additional findings as the court was authorized to make, judgment was entered that Scurry County should recover a royalty interest of 1/8th of all oil, gas and other minerals produced on the 6.87 acre tract in question; that Guy Glenn and wife, Amy B. Glenn, have title and possession of such tract, subject only to the royalty interest awarded Scurry County and the oil and gas leasehold estate, which the court awarded to Charlie Lockhart, Jr., the leasehold interest of Lockhart being subject only to the royalty interest of Scurry County and an overriding 1/16th royalty interest in favor of Guy Glenn and wife. This appeal is
brought by M. R. Estes, J. S. Abercrombie, Betty Felix Helis, William G. Helis, Jr., Adrienne Helis Malvin, A. Malvin, Virginia Helis Droulia, Esther Helis Henry, Paul Henry, C. S. Atchison, D. E. Kinney, O. B. Price, Lela Price, Laura Sue Hall and Paul C. Teas, Jr.
A settlement agreement was entered into between Scurry County and Guy Glenn whereby it was agreed, in effect, that if, upon the trial of the cause, it should appear that either of said parties was entitled to judgment for title and possession of the land that judgment should be entered by the court vesting title and possession of said land in Glenn and his wife with the exception of a royalty interest of 1/8th of all the oil, gas and minerals produced thereon.
It was stipulated that a warranty deed dated June 25, 1921 executed by Dallas Trust & Savings Bank, trustee, to the Stokers vested fee simple title from the sovereignty of the soil in the Stokers to the lands therein described by metes and bounds, which included tract 21 in which the 6.87-acre tract in controversy is located. Scurry County, in order to show its title to such tract, introduced the deed executed by the Stokers dated August 8, 1934, in which the county is grantee. The description of the land purported to be conveyed therein is as follows:
"all that certain tract or parcel of land and being a part of Tract No. 21, Section 40 of the G. A. Kirkland and J. H. Fields Survey in said Scurry County, Texas, more particularly described as follows, to-wit: