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HUMBLE OIL & REFINING CO. v. STEWART OIL CO.

No. 9981.

241 S.W.2d 364 (1951)

HUMBLE OIL & REFINING CO. v. STEWART OIL CO. et al.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 18, 1951.

Attorney(s) appearing for the Case

Rex G. Baker, Nelson Jones, W. J. Merrill, all of Houston, Powell, Wirtz & Rauhut, by J. A. Rauhut, Austin, for appellant.

Price Daniel, Atty. Gen., Charles E. Crenshaw, Asst. Atty. Gen., by Charles E. Crenshaw, Austin, for Railroad Commission of Texas.

W. Dewey Lawrence, Tyler, J. W. Wheeler, by J. W. Wheeler, Austin, for Leo Bell and Paul Miller, appellees.

HUGHES, Justice.

This is a Rule 37 case in which all the facts were stipulated. They are:

On October 9, 1922, E. B. Alford acquired title by deed to a 73 plus acre tract of land in Rusk County.

On April 17, 1916, J. P. Maxwell acquired title by deed to a 200-acre1 tract of land in Rusk County.

The Alford and the Maxwell tracts adjoined; the Alford east line being the Maxwell west line.

The tract immediately...

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