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BYERLY v. NIELSEN

No. 5847.

418 S.W.2d 579 (1967)

John A. BYERLY, Trustee et al., Appellants and Appellees, v. Harry M. NIELSEN et al., Appellees and Appellants.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied September 6, 1967.

Attorney(s) appearing for the Case

Locke, Purne, Boren, Laney & Neely, Larry M. Lesh, Harold B. Pressley, Dallas, for appellants.

Stubbeman, McRae, Sealy & Laughlin, Hamilton E. McRae, F. H. Pannill, Midland, for appellees.

OPINION

PRESLAR, Justice.

Harry M. Nielsen, North Central Oil Corporation, S. P. Johnson, Jr., Mrs. Constance E. Byers, Robert E. Byers, Ronald J. Byers, and J. M. Salas filed this suit in trespass to try title against John A. Byerly, Trustee of the Estate of J. W. Grant, to recover title to an undivided 1/32 of the usual 1/8 non-participating royalty in Sections 5 and 13, Block 45, Township 1 North, T. & P. Ry. Co. Survey, Ector County, Texas. Plaintiffs...

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