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WAGNER v. SHEETS & WALTON DRILLING COMPANY

No. 3739.

359 S.W.2d 543 (1962)

John P. WAGNER, Appellant, v. SHEETS & WALTON DRILLING COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 7, 1962.

Attorney(s) appearing for the Case

Perkins, Bezoni, Kirwan & McWhorter, Midland, for appellant.

Harrell & Thompson, Breckenridge, Culton, Morgan, Britain & White, Amarillo, for appellees.

This is an appeal from a judgment which denied relief sought by plaintiff, John P. Wagner, to equitably impress an overriding royalty reservation in an assignment of a December 7, 1953, oil and gas lease on an oil and gas lease covering the same land which was procured on January 6, 1959.

The December 7, 1953, lease was from D. R. Wright and wife as lessors to Mrs. O. H. DeGrazier as lessee covering all of the south one...

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