POLK v. RICE

No. 3468.

326 S.W.2d 932 (1959)

J. V. POLK et al., Appellants, v. George B. RICE et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 4, 1959.


Attorney(s) appearing for the Case

Tom Gordon, Abilene, Garland Casebier and Frank C. Ashby, Midland, Harris, Anderson, Henley & Rhodes, Dallas, Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, for appellants.

Hardwicke, Haddaway & Pope, Fort Worth, for appellees.


GRISSOM, Chief Justice.

In 1950, Mrs. DePrange executed an oil and gas lease on 374 acres to A. M. King. In 1951, King assigned the lease to Griswold, reserving a production payment of $37,400 "to be paid out of 1/16 of 7/8 of the first oil and gas produced from said" 374 acres. In 1952, Griswold assigned the lease, insofar as it covered a certain 160 acres out of the 374-acre lease, to the Mabees. In January, 1953, Griswold...

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