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McMULLEN OIL AND ROYALTY COMPANY v. MOCZYGEMBA

No. 14050.

365 S.W.2d 939 (1963)

McMULLEN OIL AND ROYALTY COMPANY, Inc., et al., Appellants, v. Lucian MOCZYGEMBA, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied March 20, 1963.

Attorney(s) appearing for the Case

Cox, Smith & Smith, San Antonio, for appellants.

Ronald Smallwood, Karnes City, for appellee.

POPE, Justice.

This is an action to cancel a mineral deed. The jury found that the grantee fraudulently induced the grantors to execute the deed. The legal problem is one of limitations.

Frank Moczygemba and wife, Julia, executed and delivered a mineral deed to H. J. McMullen on October 10, 1929. The deed conveyed fifteen-sixteenths of the oil, gas and other minerals in 150 acres of land in Karnes County, Texas. Twenty-six years later this suit was filed;...

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