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FIRST NAT. BANK IN DALLAS v. KINABREW

No. 1219.

589 S.W.2d 137 (1979)

FIRST NATIONAL BANK IN DALLAS, Independent Executor of the Estate of John Weldon Murchison, Deceased, Appellant, v. E. R. KINABREW, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied October 18, 1979.

Attorney(s) appearing for the Case

Joe Gray, C. Taylor Ashworth, Jenkins & Gilchrist, Dallas, for appellant.

James W. Knowles, William C. Lowrey, Wilson, Miller, Spivey, Sheehy, Knowles & Hardy, Tyler, for appellee.

McKAY, Justice.

This is a declaratory judgment action brought by appellee seeking a determination of the rights of the parties under a purported assignment to appellee of an overriding royalty interest in seven mineral leases.

Appellee alleged that J. W. Murchison, acting by and through his agent and attorney-in-fact, R. L. Van Cleave, duly authorized by a power of attorney dated January 23, 1961, executed and delivered to appellee on May 5, 1961, an assignment...

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