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WHEELOCK v. BATTE

No. 9822.

225 S.W.2d 591 (1949)

WHEELOCK et al. v. BATTE et al.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 7, 1949.

Second Rehearing Denied January 4, 1950.

Attorney(s) appearing for the Case

W. W. Mason, of Mexia, for appellants.

E. A. Camp, of Rockdale, Emory B. Camp, of Cameron, Charles C. Smith, Jr., of Cameron, for appellees.

HUGHES, Justice.

The lessors in an oil and gas lease sued the lessees, by assignment, for cancellation of such lease as a cloud on their title and for damages.

In a non-jury trial judgment was rendered as prayed for, the damages assessed being $23,262.50, with interest.

The lessors were appellees, R. L. Batte, Jr., and his sister, Mrs. Lelia Batte Hickman. They owned only the mineral rights under the land...

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