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PACIFIC ROYALTY COMPANY v. WILLIAMS

Nos. 4827, 4828.

227 F.2d 49 (1955)

PACIFIC ROYALTY COMPANY, a corporation, Appellant, v. Carl H. WILLIAMS; John W. Williams; Mrs. John A. Cline, Jr.; John A. Cline, Jr.; Mrs. F. S. Hollebeke; F. S. Hollebeke; Paul Eugene Williams, Jr.; Lottie May Treas; Robert M. Treas; Byron Leslie Williams; Marvin Lester Williams; Ruby Leona Williams; Jessie R. Williams; Edith Lillian Williams, single, who is incompetent and who brings this suit by her next friend; and Carl H. Williams, Appellees. Johnstone BATES and William Rufus Bates, Cross Appellants, v. PACIFIC ROYALTY COMPANY, a corporation, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 12, 1955.

Attorney(s) appearing for the Case

Ross L. Malone, Jr., Roswell, N. M. (J. D. Atwood and Charles F. Malone, Roswell, N. M., were with him on the brief), for appellant and cross-appellee.

William A. McKenzie, Dallas, Tex., and J. R. Modrall, Albuquerque, N. M. (Simms & Modrall, Albuquerque, N. M., Wynne & Wynne, Dallas, Tex., were with them on the brief), for appellees and cross-appellants.

Before MURRAH and PICKETT, Circuit Judges, and SAVAGE, District Judge.

PICKETT, Circuit Judge.

The plaintiffs, who are the heirs at law of Lester L. Williams and Gertrude A. Bates, have joined together in this action to quiet title to the minerals underlying 320 acres of land in Lea County, New Mexico, and alternatively to establish a trust in the minerals, to procure an equitable accounting, and to rescind the deed through which the appellant Pacific Royalty Company claims the minerals. In 1919, Lester L. Williams received a patent...

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