ALFREY v. ELLINGTON

No. 3210.

285 S.W.2d 383 (1955)

Neville ALFREY, Appellant, v. E. O. ELLINGTON, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied January 6, 1956.


Attorney(s) appearing for the Case

Stubbeman, McRae & Sealy, Midland, for appellant.

Cunningham & Cunningham, James Little, Big Spring, for appellee.


GRISSOM, Chief Justice.

This is a suit by Neville Alfrey against Dr. E. O. Ellington for a declaratory judgment construing a mineral deed. Alfrey alleged there was a bona fide dispute as to whether said deed conveyed to him an oil payment "attributable to the mineral interest covered by the deed or whether said oil payment was effectively reserved to defendant."

In April, 1953, Dr. Ellington executed an oil and gas lease on the 320 acres later described in...

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