SMALLWOOD v. EDMISTON

No. 6197.

246 S.W.2d 220 (1952)

SMALLWOOD v. EDMISTON et al.

Court of Civil Appeals of Texas, Amarillo.

January 7, 1952.


Attorney(s) appearing for the Case

Klett, Bean, Evans & Justice, Lubbock, for appellant.

Crenshaw, Dupree & Milam, Mahon & Green and Bradley, Key & Kimmel, all of Lubbock, R. H. Munsterman, Levelland, for appellees.


MARTIN, Justice.

Appellant, J. L. Smallwood, sued to set aside his assignment of an oil and gas lease as made to appellee, James A. Edmiston. Approximately two years of the 10-year term remained as to the lease. Appellee, Walter L. Roth, intervened in the suit alleging his ownership of the assigned leasehold interest. On making the original assignment, J. L. Smallwood received a 1/16 of 7/8 overriding royalty interest which interest was not affected by the suit. Appellant...

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