MIDWEST OIL CORP. v. MENGERS

No. 4179.

372 S.W.2d 247 (1963)

MIDWEST OIL CORPORATION et al., Appellants, v. E.D. MENGERS et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 21, 1963.


Attorney(s) appearing for the Case

W. Scott Clark, Ft. Worth, for appellants.

Beasley & Beasley, Beeville, for appellees.


McDONALD, Chief Justice.

Plaintiffs, Midwest Oil Corporation, et al, instituted this suit against defendants Mengers, et al, to establish the continued existence of a term royalty interest in 400 acres of land in Bee County, Texas.

On October 8, 1940 Charles Mengers, Sr. and wife owned the surface and minerals of the 400 acre tract; and on that date conveyed to W. Earl Rowe a ½ nonparticipating royalty interest in such 400 acres for a term of "15 years...

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