UPSHAW v. NORSWORTHY

No. 3067.

267 S.W.2d 566 (1954)

UPSHAW v. NORSWORTHY et al.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 30, 1954.


Attorney(s) appearing for the Case

Storey, Armstrong & Steger, J. Cleo Thompson, Dallas, Ratliff & Ratliff, Haskell, Seaberry & Seaberry, Eastland, for appellant.

Jay R. Jameson, Abilene, Estes & Cantwell, Dallas, Tom Davis, Haskell, Frank King, Terrell, for appellees.


LONG, Justice.

On May 12, 1941, Blanche M. Wylie, et al., executed and delivered to T. A. Upshaw a warranty deed conveying approximately three and one-half sections of land in Stonewall County. This deed contained the following reservation:

"The grantors herein retain and reserve unto themselves, their heirs and assigns, an undivided non-participating royalty interest in the land herein conveyed for a term of ten (10) years from the date hereof; and so long...

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