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CLACK v. GARCIA

No. 13447.

323 S.W.2d 468 (1959)

P. C. CLACK et ux., Appellants, v. Jesus GARCIA, Appellee.

Court of Civil Appeals of Texas, San Antonio.

April 8, 1959.

Attorney(s) appearing for the Case

J. B. Dibrell, Seguin, for appellants.

Threlkeld, Saegert & Saegert, Seguin, for appellee.

POPE, Justice.

P. C. Clack, on April 16, 1954, owned one-eighth of the surface and one-sixteenth of the minerals to one hundred acres of land in Guadalupe County. On that date he conveyed his surface interest to Jesus Garcia and reserved a non-participating royalty in these words:

"There is excepted from this conveyance, not herein conveyed, but expressly retained and reserved by grantors, an undivided one-sixteenth...

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