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CHEROKEE WATER CO. v. FORDERHAUSE

No. C-854.

641 S.W.2d 522 (1982)

CHEROKEE WATER COMPANY, Petitioner, v. Martha Paul Rogers FORDERHAUSE, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 20, 1982.

Attorney(s) appearing for the Case

McGinnis, Lochridge & Kilgore, Lloyd Lochridge and John W. Stayton, Austin, Gordon Wellborn, Henderson, Allison I. McLemore, Longview, for petitioner.

Ruff P. Wall, Carthage, T.A. Bath, Henderson, Bath, Turner, Barber & Shumate, for respondents.

GREENHILL, Chief Justice.

This case involves the construction of a deed. The deed conveyed the surface of the subject property, but the grantors reserved the mineral estate. The deed gave the grantee, Cherokee, a preferential right to acquire the minerals if the grantor decided to sell the minerals. The grantor executed an oil and gas lease to a third party. The main question is whether the oil and gas lease constituted a sale so as to give Cherokee a preferential...

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