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ELLETT v. LIEDTKE

No. B14-83-567CV.

668 S.W.2d 880 (1984)

Robert ELLETT and Charles H. Avery, Jr., Co-Executors of the Estate of H.H. Coffield, et al., Appellants, v. Martha LIEDTKE, et al., Appellees.

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

Rehearing Denied April 26, 1984.

Attorney(s) appearing for the Case

Martin M. Hokanson, Hofheinz, Harpold, McDonald & Fitzgerald, Houston, for appellants.

Ron V. Berkowitz, The Carlton Firm, Bruce W. Claycombe, Stroud & Smith, Dallas, for appellees.

Before PAUL PRESSLER, ROBERTSON and ELLIS, JJ.

OPINION

ROBERTSON, Justice.

This appeal involves the legal effect of recitals in a deed. A motion for summary judgment was filed by both plaintiffs and defendants. The trial court granted plaintiffs' motion and this appeal followed. We reverse.

The controversy involves the ownership of a one-fourth perpetual non-participating royalty interest in an 86 acre tract of land in Burleson County. A.S. Crow is the common source of title. On October 7, 1921...

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