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STATE v. DAVIS

No. 14145.

368 S.W.2d 658 (1963)

The STATE of Texas, Appellant, v. C. Roy DAVIS et al., Appellees.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied June 13, 1963.

Attorney(s) appearing for the Case

(Will Wilson was Atty. Gen., when appellant's brief was filed, Waggoner Carr was Atty. Gen., when the case was submitted) Ben M. Harrison, Joe A. Osborn, J. S. Bracewell, Asst. Attys. Gen., Austin, for appellant.

Newman & Montgomery, George Newman, Waco, for appellees.

COLEMAN, Justice.

This suit, a formal trespass-to-try title action, was brought by appellees against the State of Texas for the purpose of quieting title to a mineral interest in certain land located in Matagorda County and to recover royalties previously paid to the State.

Both the State and appellees filed motions for summary judgment. Appellees' motion was granted and this appeal resulted.

In answer to appellees' petition, the State of Texas filed...

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