JONES v. KILLINGSWORTH

No. 2.

379 S.W.2d 362 (1964)

Mildred Mitchell JONES et vir, Appellants, v. S. H. KILLINGSWORTH et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied June 4, 1964.


Attorney(s) appearing for the Case

John A. Pace, Edward Kliewer, Jr., Dallas, for appellants.

Ralph B. Shank, Shank, Irwin & Chester, Dallas, Frank L. McClendon, Ramey, Brelsford, Hull & Flock, Tyler, Prentice Wilson, Dallas, F. Wilbert, Lasater, Spruiell, Lowry, Potter, Lasater & Guinn, Murph Wilson, Wilson, Miller, Spivey & Steger, Tyler, for appellees.


MOORE, Justice.

This suit was instituted by Mildred Mitchell Jones, plaintiff, joined pro forma by her husband, against S. H. Killingsworth and other defendants, seking a judgment declaring that a certain mineral lease heretofore executed by her, to have terminated at the expiration of its primary term because lessee exceeded his authority in pooling her land in a unit substantially larger than the 40-acre tract provided in the lease; she is also seeking to remove...

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