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SINCLAIR PRAIRIE OIL CO. v. CAMPBELL

No. 12103.

164 F.2d 907 (1947)

SINCLAIR PRAIRIE OIL CO. v. CAMPBELL et ux.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 21, 1948.

Attorney(s) appearing for the Case

William L. Kerr, of Midland, Tex., and Paul A. McDermott, of Fort Worth, Tex., for appellant.

E. Y. Boynton, of Waco, Tex., and James D. Willis, of Pecos, Tex., for appellees.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

The Sinclair Prairie Oil Company, appellant here, plaintiff below, brought this suit to establish title in fee in itself to 7/8 of the minerals, including potash, in 5600 acres of land in Winkler County, Texas. Appellant based its claim to title on a provision in an oil and gas lease executed on December 3, 1924, by appellees, defendants below, reading:

"It is further provided and a part of the consideration herein, that if lessee or assigns...

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