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EXTRACTION RESOURCES, INC. v. FREEMAN

No. 6583.

555 S.W.2d 156 (1977)

EXTRACTION RESOURCES, INC. and Title Service Company, et al., Appellants, v. Clifford Jefferson FREEMAN et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Motions for Rehearing Denied August 24, 1977.

Attorney(s) appearing for the Case

M. McDonnold, Jr., Jack L. Hart, Midland, Shafer, Gilliland, Davis, Bunton & McCollum, Inc., Odessa, Bullock, Scott & Neisig, Midland, for appellants.

Hultgren, Jewell & Kolb, Edward J. Kolb, William G. Love, Dallas, Garland Casebier, Stubbeman, McRae, Sealy, Laughlin & Browder, W. B. Browder, Jr., David K. Brooks, Midland, Kenneth P. Fountain, Houston, for appellees.

Appellants' Motions for Rehearing Denied August 24, 1977.

OPINION

PRESLAR, Chief Justice.

This oil and gas case presents two questions. First, the nature of the estate conveyed, whether royalty or an interest in the minerals in place, and second, whether the owners of the royalty interest have a right to receive payment in kind as distinguished from cash.

This case was brought by the Appellees, who were grantees under some of 366 deeds executed...

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