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PORTWOOD v. BUCKALEW

No. 790.

521 S.W.2d 904 (1975)

Harry PORTWOOD et al., Appellants, v. Jo Ann Portwood BUCKALEW, Guardian and Attorney-in-Fact for Harley Portwood, et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied April 24, 1975.

Attorney(s) appearing for the Case

Brown, Herman, Scott, Dean & Miles, Beale Dean and J. Shelby Sharpe, Fort Worth, for appellant Harry Portwood.

Fillmore, Lambert, Farabee & Purtle, Ray Farabee, Wichita Falls, for appellant Sam Portwood.

Jennings, Montgomery & Dies, Frank L. Jennings, Graham, for appellant Dannie Portwood Fancher.

Law, Snakard, Brown & Gambill, Thomas H. Law, Marvin Champlin, Samuel A. Denny, Fort Worth, for appellees.

MOORE, Justice.

The principal issue in this case is whether a landowner, having executive leasing privileges, may demand and receive from the oil and gas lessee and keep for himself to the exclusion of the non-executives, overriding royalties and cash-per-acre payments, ostensibly paid for surface damages, where, by virtue of the terms of a partition deed, the non-executives were granted a right to participate in all royalties...

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