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HOLCHAK v. CLARK

No. 12854.

284 S.W.2d 399 (1955)

Maggie Pearl HOLCHAK, Appellant, v. Edwin T. CLARK, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied November 30, 1955.

Attorney(s) appearing for the Case

John N. Barnhart, Reese Wade, Beeville, for appellant.

Reynolds N. Cate, San Antonio, for appellee.

NORVELL, Justice.

This being the second appeal of this cause, we refer to our former opinion, Clark v. Holchak, Tex.Civ.App., 247 S.W.2d 463, and that of the Supreme Court, Clark v. Holchak, 152 Tex. 26, 254 S.W.2d 101, for a more complete statement of the case.

The limitation or condition of defeasance contained in the habendum clause of the royalty deed reads as follows:

"It...

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