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MIDWEST OIL CORPORATION v. WINSAUER

No. A-7029.

323 S.W.2d 944 (1959)

MIDWEST OIL CORPORATION et al., Petitioners, v. Weldon O. WINSAUER et al., Respondents.

Supreme Court of Texas.

Rehearing Denied May 27, 1959.

Attorney(s) appearing for the Case

W. Scott Clark, Fort Worth, for petitioner.

Perkins, Floyd & Davis, Alice, Wade & Wade, Beeville, W. B. Moss, Sinton, for respondent.

SMITH, Justice.

This suit was instituted by petitioners, R. F. Scheig, Sally Scheig Simons and husband, C. B. Simons, and Midwest Oil Corporation against Weldon O. Winsauer, J. P. Pruett and wife, Nellie F. Pruett, J. W. Crouch and wife, Mary Crouch, Crouch Dairies, Inc., Reese Wade, W. B. Moss, and the Gas Gathering Co., seeking a declaratory judgment that their 15-year term royalty had not expired.

The term royalty deed, dated March 16, 1940, contained a...

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