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McELMURRAY v. McELMURRAY

No. 3095.

270 S.W.2d 880 (1954)

A. H. McELMURRAY et ux., Appellants, v. W. W. McELMURRAY et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 10, 1954.

Attorney(s) appearing for the Case

Calloway Huffaker, Tahoka, for appellants.

George Outlaw, Sweetwater, Shank, Dedman & Payne, Dallas, Ramey, Calhoun, Brelsford & Hull, Tyler, Nunn & Griggs and Beale & Yonge, Sweetwater, McMahon, Springer, Smart & Walter, Abilene, for appellees.

COLLINGS, Justice.

This is a suit in trespass to try title brought by A. H. McElmurray and wife. The controversy concerns the construction of a mineral reservation in a deed from defendants, W. W. McElmurray and wife, to A. H. McElmurray. The case was tried before the court upon an agreed statement of facts substantially as follows: Prior to September 4, 1920, W. W. McElmurray and A. H. McElmurray, who are brothers, each owned under a deed from their father, G. M...

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