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SPURLOCK v. HINTON

No. 14127.

225 S.W.2d 203 (1949)

SPURLOCK et al. v. HINTON et al.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 25, 1949.

Attorney(s) appearing for the Case

E. A. Landman, of Athens, and Bonner R. Landman, of Jackson, Mississippi, for appellants.

Sam Holland, of Athens, and Jones & Jones, of Mineola, for appellees.

BOND, Chief Justice.

On May 23, 1946, W. J. and R. M. Spurlock were owners in fee of approximately 468.8 acres of land out of the Joseph Rice Survey in Henderson County, and on said date executed and delivered to W. B. Hinton an oil, gas and other minerals lease in the usual Texas form, with covenant reserving 1/8th of the market value at the well of all oil, gas and minerals produced from said land. The lease, pertinent here, provides that "The breach by lessee of...

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