McMAHON v. CHRISTMANN

No. A-5696.

304 S.W.2d 267 (1957)

John L. McMAHON, Jr., et al., Petitioners, v. John J. CHRISTMANN et al., Respondents.

Supreme Court of Texas.

July 10, 1957.


Attorney(s) appearing for the Case

James E. Prothro, Wichita Falls, Turpin, Kerr & Smith, and Emil C. Rassman and Irby Dyer, Midland, for petitioner.

Paul New and Crenshaw, Dupree & Milam, Lubbock, for respondent.


Dissenting opinion.

For majority opinion see 303 S.W.2d 341.

GARWOOD, Justice (dissenting).

To the extent that it opposes the distinction now drawn between mineral leases and deeds for purposes of the Duhig rule, I agree with Justice Smith's concurring opinion. He may well be correct also in saying that the theory of the instant decision runs counter to that of Benge v. Scharbauer, 152 Tex. 447,

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