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McELVAIN v. TEXAS COMPANY

No. 5015.

273 S.W.2d 676 (1954)

W. F. McELVAIN et ux., Appellants, v. The TEXAS COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

December 2, 1954.

Attorney(s) appearing for the Case

David E. O'Fiel, D. Hubert O'Fiel, Beaumont, for appellants.

William S. Clarke, Houston, Walter Koch, Austin, for appellees.

WALKER, Justice.

Theodore F. Koch made an oil and gas lease to Thomas J. Baten on February 27, 1934, which covered a number of lots and tracts of land totaling 948.31 acres. It is apparent that the tracts leased did not join so as to form a single body of land. In this lease the lessor reserved 1/8th royalties on oil and gas and also reserved royalties on other minerals. The lease does not contain an "entirety clause" like that discussed in Thomas Gilcrease Foundation...

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