USSERY v. HOLLEBEKE

No. 5705.

391 S.W.2d 497 (1965)

Huling E. USSERY et al., Appellants, v. Dewey HOLLEBEKE et ux., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied June 9, 1965.


Attorney(s) appearing for the Case

Finley & Scogin, Kermit, for appellants.

John F. Tomlin, Pecos, for appellees.


FRASER, Chief Justice.

On January 3, 1944 the appellants conveyed nine sections of mineral classified land in Culberson County to appellees. In addition to the usual clauses of such deeds, this particular deed contained the following clause, covenant or agreement:

"It is understood and agreed by and between the grantors and the grantees herein that in the event said grantees or their heirs or assigns shall hereafter place any oil and gas or other mineral...

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