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TEXAS OIL & GAS CORP. v. OSTROM

No. 1556.

638 S.W.2d 231 (1982)

TEXAS OIL & GAS CORPORATION, Appellant, v. L. E. OSTROM, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied September 9, 1982.

Attorney(s) appearing for the Case

Richard L. Merrill, Houston, for appellant.

John D. Sloan, Jr., Wilder, Dean & Sloan, Henderson, for appellee.

McKAY, Justice.

Appellee L.E. Ostrom (Ostrom) sued appellant Texas Oil & Gas Corp. (TXO) for a partition of the mineral leasehold estate in 258.34 acres of land in Rusk County. Ostrom alleged that he owned an undivided working interest in the mineral rights in, upon, and under 139.63 acres of this tract, and that TXO owned the same type of interest in the remaining 118.71 acres. Ostrom pleaded that he and TXO were the sole owners of the possessory rights in the...

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