ETTER v. TEXACO, INC.

No. 4153.

371 S.W.2d 702 (1963)

Eugene T. ETTER et al., Appellants, v. TEXACO, INC., et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 24, 1963.


Attorney(s) appearing for the Case

Spruiell, Lowry, Potter, Lasater & Guinn, Tyler, Haley, Koehne, Fulbright & Winniford, Waco, Wilson, Miller, Spivey & Steger, Thomas Y. Banks, Tyler, W. A. Keils, Jr., Teague, for appellants.

Lawrence Jack Moore, Houston, Howell & Howell, Beaumont, Earl A. Brown, Dallas, B. R. Reeves, Palestine, for appellees.


WILSON, Justice.

The trial court concluded that the instrument quoted below was a conveyance to appellees' predecessor in title of a perpetual undivided non-participating royalty interest entitling them to a royalty of ¼ of 1/8, or a 1/32 interest in production under a subsequent lease held by Texaco and all future leases. We reverse this portion of the judgment.

The original instrument is lost. It was recorded in the two counties where the land is situated...

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