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CONTINENTAL OIL COMPANY v. ARCENEAUX

No. 1652.

183 So.2d 399 (1966)

CONTINENTAL OIL COMPANY, Plaintiff-Appellee, v. Rhynette J. ARCENEAUX et al., Defendants-Appellees, Barbara Spell Bender et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 9, 1966.

Writ Refused April 15, 1966.

Attorney(s) appearing for the Case

Edwards & Edwards, by Nolan J. Edwards, Crowley, for defendants-appellants.

Mouton, Champagne & Colomb, by Welton P. Mouton, Lafayette, John K. Dubiel, Fort Worth, Tex., for plaintiff-appellee.

Before TATE, FRUGE, and HOOD, JJ.

TATE, Judge.

This is a concursus proceeding, see LSA-C.C.P. Art. 4651. The plaintiff, Continental Oil, as owner of mineral leases, deposited into court the production royalties from a 55-acre tract, impleading all claimants. The trial court decided the tract's ownership in favor of one set of contestants, and the other appealed.

The 55-acre tract at issue was originally owned by Preston Spell, who died in 1923. Daniel Spell, one of the decedent's twelve children...

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