LIVINGSTON v. McMULLEN OIL & ROYALTY COMPANY

No. 5150.

289 S.W.2d 791 (1956)

J. S. LIVINGSTON, Appellant, v. McMULLEN OIL & ROYALTY COMPANY, Inc., et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied March 28, 1956.


Attorney(s) appearing for the Case

E. B. O'Quinn, Marfa, for appellant.

H. O. Metcalfe, Marfa, Barwise, Magoffin & Carrigan, Ft. Worth, for appellees.


McGILL, Justice.

Appellant filed this suit in trespass to try title to four sections of land in Presidio County. Many persons were made defendants, but this appeal concerns only those designated as the McMullen interest and the Swofford interest. These interests disclaimed surface rights to the four sections, but claimed certain mineral interests therein. On motion the court granted summary judgment for the defendants, and this appeal is from that judgment.

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