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THAXTON v. BEARD

No. 13285.

201 S.E.2d 298 (1973)

Otis R. THAXTON and Frances R. Thaxton v. Allen BEARD et al.

Supreme Court of Appeals of West Virginia.

Decided December 21, 1973.

Attorney(s) appearing for the Case

George W. Stokes, H. D. Rollins and J. E. Litz, Charleston, for appellants.

Cunningham & Burgess, Bennett R. Burgess, St. Albans, for Harry L. Paxton.

Stone, Bowles, Kauffelt & McDavid, Paul N. Bowles and Roger W. Tompkins, II, Charleston, for Allen Beard, and others.

BERRY, Chief Justice:

The appellants, Otis R. Thaxton and Frances R. Thaxton, appeal from a final order of the Circuit Court of Kanawha County entered on October 11, 1972, wherein the court rejected the appellants' claim that they were entitled to a full royalty on their interest in a gas well drilled on their land in which they owned a 1/8th interest in the oil and gas. The court held that the appellants were only entitled to a royalty of 1/8 of 1/8 of 50.5/250 of...

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