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PAN AMERICAN PETROLEUM CORP. v. CAIN

No. A-8154.

355 S.W.2d 506 (1962)

PAN AMERICAN PETROLEUM CORP. et al., Petitioners, v. H. L. CAIN, Respondent.

Supreme Court of Texas.

Rehearing Denied March 28, 1962.

Attorney(s) appearing for the Case

Turner, Rodgers, Winn, Scurlock & Terry, Dallas, L. A. Thompson, Tulsa, Okl., J. K. Smith, Forth Worth, for Pan American Petroleum Corp.

Morehead, Sharp & Boyd, Plainview, for Mary Jarman et al.

William B. Neely, Midland, for William B. Neely, Trustee, et al.

Fulton, Hancock & McClain, Gilmer, for Leland Fikes.

Klett, Evans, Trout & Jones, Lubbock, for respondent.

WALKER, Justice.

The controlling question presented by this appeal is whether the power to lease as reserved in a certain deed conveying an undivided mineral interest may be exercised by the heirs of the grantor after the latter's death. By deed dated May 17, 1937, James Kiser conveyed to Mrs. Mae Johnston an undivided one-fourth interest in the minerals in the Northeast Quarter of Section 640, Block D, John H. Gibson Surveys in Yoakum County. Although a printed form...

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