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TAYLOR v. PHILLIPS PETROLEUM COMPANY

No. 13017.

295 S.W.2d 738 (1956)

F. A. TAYLOR et al., Appellants, v. PHILLIPS PETROLEUM COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied November 15, 1956.

Attorney(s) appearing for the Case

Shelby K. Long, Port Arthur, Judge Alton C. Arnold, Angleton, for appellants.

R. L. Foster and Harry D. Turner, Bartlesville, Okl., for appellee Phillips Petroleum Co.

R. K. Batten and E. H. Brown, and Lester Settegast, Houston, for appellees Grafton T. Austin, Sr., Martha H. Austin Sparrell and Husband, William R. Sparrell, Aline Ruth Cooke and husband, Willard R. Cooke, Helen Justine Austin Storey, a feme sole, Elizabeth B. (Bessie B.) Austin, a feme sole, and Lester Settegast.

HAMBLEN, Chief Justice.

Appellants filed this suit on September 9, 1954, against the Phillips Petroleum Company for the recovery of moneys held by that company which had accumulated as a royalty under the terms of an oil and gas lease between appellants as lessors and Phillips Petroleum Company as lessee. Phillips Petroleum Company filed a bill of interpleader in which it admitted the accumulation of such royalties but alleged that the title to the land from which...

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