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SCARMARDO v. POTTER

No. B2491.

613 S.W.2d 756 (1981)

Pete R. SCARMARDO et al., Appellants, v. Anne L. POTTER, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied March 11, 1981 With Opinion.

Attorney(s) appearing for the Case

Jay M. Vogelson, Moore & Patterson, Dallas, for appellants.

William C. Lipsey, Goode, Hoelscher & Lipsey, College Station, for appellee.

Before COULSON, MILLER and MURPHY, JJ.

MURPHY, Justice.

Pete R. Scarmardo and Amalgamated Bonanza Petroleum, LTD. appeal from a judgment entered in favor of Anne L. Potter, Jordan Engineering Inc., and its assignees. In controversy, is the ownership of an undivided one-eighth mineral interest in two tracts of land located in Brazos County. Reversed and rendered.

The parties stipulated the following facts and issues. On May 27, 1957, Herman E. Frieling, et al. (Frieling), being the fee simple owners...

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