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ERWIN v. HAYS

No. 6736.

267 S.W.2d 884 (1954)

ERWIN et al. v. HAYS.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied May 6, 1954.

Attorney(s) appearing for the Case

Ramey & Ramey, Sulphur Springs, Pollard, Reeves & Boulter, Robert S. Boulter, Tyler, for appellants.

Artie Stephens, Sulphur Springs, Craven Beard, Tyler, for appellee.

WILLIAMS, Justice.

Predicated on the establishment of an alleged constructive trust based on a joint adventure, as pleaded by appellee, Leon Hays, plaintiff below, recovered of and from appellants Andrew V. Erwin and Vernon Whitley, defendants below, "an overriding royalty interest, the equal of 1/32 of 7/8 part of all oil, gas and other minerals which may have been or may be produced from" certain tracts of land as therein described in the pleadings and judgment...

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