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PHILLIPS v. SUNTEX OIL & GAS COMPANY

No. 7703.

419 S.W.2d 422 (1967)

Glen W. PHILLIPS, Appellant, v. SUNTEX OIL & GAS COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied May 8, 1967.

Attorney(s) appearing for the Case

Gibson, Ochsner, Harlan, Kinney & Morris, John E. Morrison, Jr., Amarillo, for appellant, Sansing & Sansing, Higgins, of counsel.

Lemon, Close & Atkinson, Edward L. Atkinson, Perryton, for appellees, Gordon Llewellyn, Dallas, of counsel.

CHAPMAN, Justice.

This is a suit by Glen W. Phillips seeking a declaratory judgment construing an oil and gas mineral lease executed by him and his wife, Gladys L. Phillips, to Paul M. Haywood on July 18, 1955, on the west half, the northeast quarter, and the south half of the southeast quarter of Section 1163, Block 43, H. & T. C. R. R. Co. Survey of Lipscomb County.

If the named lease was valid and subsisting at the institution of the suit and at all...

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