HEROD v. GRAPELAND JOINT ACCOUNT

No. 4103.

366 S.W.2d 623 (1963)

Carroll T. HEROD et al., Appellants, v. GRAPELAND JOINT ACCOUNT et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 18, 1963.


Attorney(s) appearing for the Case

Thompson, Knight, Wright & Simmons, C. Douglass Forde, Jr., Dallas, Adams & Granberry, Crockett, for appellants.

Trueheart, McMillian & Russell, P. H. Swearingen, San Antonio, Reeves & McDonald, Palestine, LeVoy Musick, Houston, J. Burleson Smith, San Antonio, J. B. Sallas, Nat Patton, Crockett, for appellees.


WILSON, Justice.

Plaintiffs' action for recovery of a fourfifths undivided interest in oil, gas and other minerals in a 142 acre tract and seeking an accounting, asserted termination of a lease upon cessation of production. Defendants answered that the lease continued to be effective by unitization of the 142 acres with other leased lands. The court sustained appellees' motion to withdraw the case from the jury and render judgment for them. The appeal requires construction...

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