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BYRD-FROST, INC. v. ELDER

No. 8551.

93 F.2d 30 (1937)

BYRD-FROST, Inc., v. ELDER et al.

Circuit Court of Appeals, Fifth Circuit.

December 2, 1937.

Attorney(s) appearing for the Case

Webster Atwell, of Dallas, Tex., for appellant.

W. H. Sanford and Conan Cantwell, both of Dallas, Tex., and W. B. Chauncey, of Jefferson, Tex., for appellees.

Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge.

STRUM, District Judge.

Trip Elder claimed to be the fee-simple owner of a 13½-acre tract of land in Gregg county, Texas. Byrd-Frost, Inc., a Colorado corporation claimed to own a one-fourth of seven-eighths overriding royalty interest in the minerals under said lands, which claim it asserted adversely to Elder's claim of ownership. Prolonged litigation ensued between the parties in the state courts of Texas. Each party desired that the land be developed for oil...

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