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HUMBLE OIL & REFINING CO. v. ATWOOD

No. A-3126.

244 S.W.2d 637 (1951)

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

Supreme Court of Texas.

Rehearing Denied January 16, 1952.

Attorney(s) appearing for the Case

Rex G. Baker, R. E. Seagler, Felix A. Raymer and M. P. Pearson, all of Houston, Leroy G. Denman, Jr., and Robert Lee Bobbitt, Jr., San Antonio, S. L. Gill, Roger F. Robinson and S. P. Nielson, all of Raymondville, Jones, Hardie, Grambling & Howell, El Paso, for petitioners-respondents, Humble Oil & Refining Company et al.

Thomas Hart Fisher, Chicago, Illinois, Black & Stayton (Charles L. Black and John W. Stayton), of Austin, Cix, Wagner, Adams & Wilson, of Brownsville, for respondents-petitioners, Edwin K. Atwood and Alice B. Atwood.

WILSON, Justice.

The parties will be identified as in the trial court where the Atwoods were plaintiffs and the defendants were the Humble Oil & Refining Company, the King Ranch, a corporation, and various members of the King and Kleberg families.

The principal question is: Can an oil and gas lease be adjudicated to be both a mortgage and a grant of minerals under a line of cases begining with Stamper v. Johnson, 3 Tex. 1, and continuing through Bradshaw...

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