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PERKINS v. KEMP

No. 3121.

274 S.W.2d 892 (1954)

Ritchie PERKINS et al., Appellants, v. R. F. KEMP et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied February 4, 1955.

Attorney(s) appearing for the Case

John O. Harris, W. Marcus Weatherred, Joe B. Dibrell, Jr., Coleman, for appellants.

H. O. Woodward, Coleman, for appellees.

LONG, Justice.

This is a suit for a declaratory judgment to determine the ownership of one-half the minerals in an 83.4-acre tract of land in Coleman County, Texas. On December 5, 1924, R. F. Kemp and wife sold said land to H. M. Weir and reserved one-half of the minerals therein. On June 6, 1928, Kemp and wife and Weir and wife conveyed to W. B. Duty one-half of the minerals in the land. In the deed from Kemp to Weir there was reserved a vendor's lien to secure the...

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