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TEXACO INC. v. PARKER

No. 5590.

373 S.W.2d 870 (1963)

TEXACO INC., Appellant and Appellee, v. Alvin H. PARKER, Appellee and Appellant.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 8, 1964.

Attorney(s) appearing for the Case

Stubbeman, McRae, Sealy & Laughlin, Rush Moody, Jr., W. B. Browder, Jr., W. N. Sands and Johnston S. Rowe, Midland, for appellant.

Will Hadden, Odessa, for appellee.

PRESLAR, Justice.

This is an appeal from a trial on the merits in which the plaintiff, Alvin H. Parker, sued Texaco Inc. in trespass to try title, for damages actual and exemplary, and for permanent injunction. While cast as a trespass to try title suit, it is actually the age-old battle between the surface owner and mineral owner, as to their respective rights in the use of Section 2, Block 44, T-2-S, T. & P. Ry. Co. Survey, Ector County, Texas. By separate deeds...

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