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NOEL v. ATLANTIC REFINING COMPANY

No. 5805.

414 S.W.2d 718 (1967)

W. D. NOEL et al., Appellants, v. The ATLANTIC REFINING COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied May 10, 1967.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., C. L. Snow, Milton Richardson, Hawthorne Phillips, Arthur Sandlin, Asst. Attys. Gen., Austin, Shepperd & Rodman, Odessa, Pat H. Candler, Dallas, for appellants.

Stubbeman, McRae, Sealy & Laughlin, Durward Goolsby, W. B. Browder, Jr., Midland, for appellee.

OPINION

PRESLAR, Justice.

This is a suit in the nature of trespass to try title to land involved in a vacancy award. The trial court sitting without a jury granted judgment for the plaintiff for title to the minerals under the land, found that it was not a vacancy, and canceled the patents.

The Atlantic Refining Company, appellee herein, sued all of the defendants, W. D. Noel, J. S. Lane, Harry Howard and wife, and Bankers Life Company for title...

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