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GUINN v. ACKER

No. 456.

451 S.W.2d 549 (1970)

M. M. GUINN, Appellant, v. J. P. ACKER, Jr., Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied March 19, 1970.

Attorney(s) appearing for the Case

Gordon Wellborn & Rex Houston, Gordon R. Wellborn, Henderson, for appellant.

Norman, Rounsaville, Hassell & Spiers, John B. Spiers, Jacksonville, for appellee.

McKAY, Justice.

Suit was brought by appellee against appellant for a declaratory judgment to construe the terms of a deed executed by W. M. Swearingen to R. C. Sherman dated September 12, 1941, conveying an undivided one-half (½) interest in and to all of the oil, gas and other minerals in and under and that may be produced from 86½ acres of land in Cherokee County, Texas.

Appellee contended the language of the deed: "oil, gas and other minerals...

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