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CLARK v. HOLCHAK

No. A-3660.

254 S.W.2d 101 (1953)

CLARK v. HOLCHAK.

Supreme Court of Texas.

January 14, 1953.

Attorney(s) appearing for the Case

Reynolds N. Cate, San Antonio, for petitioner.

Wade & Wade and John N. Barnhart, Beeville, for respondent.

HICKMAN, Chief Justice.

This is an action by petitioner, Edwin T. Clark, for accumulated royalties and for a declaratory judgment establishing his right to a 1/64th oil royalty interest under a deed dated December 10, 1930, and containing this limitation or condition of defeasance:

"It is further agreed and herein stipulated that in case there is no paying production on said land on December 10, 1945, and for six months thereafter, that this grant shall become...

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