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HAINES v. McLEAN

No. A-4689.

276 S.W.2d 777 (1955)

Lydia Grabow HAINES et al. (J. M. Boothe et al.), Petitioners, v. William J. McLEAN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied April 13, 1955.

Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Sears and V. S. Donoghue, Houston, for Lydia Grabow Haines and others.

Wayland G. Holt, Snyder, Kilgore & Kilgore and Kiel Boone, Dallas, for J. M. Boothe, Sr., and others.

Prentice Wilson, Dallas, and McMahon, Springer, Smart & Walter and Wagstaff, Harwell, Alvis & Pope, Abilene, for William J. McLean and others.

GARWOOD, Justice.

In this three-cornered contest over the mineral right underlying some thirteen acres of separate but adjoining railroad and highway easements in Scurry County, we granted writ of error to all parties. The following quite rough sketch affords a basis for further explanation of the facts:

The rights of way in question are the eastwardly three of the four indicated, being, in order from east to west and with respective widths, (a) a county road...

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