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ALTMAN v. BLAKE

No. C-5143.

712 S.W.2d 117 (1986)

Hazel ALTMAN et al., Petitioners, v. W.R. BLAKE, III et al., Respondents.

Supreme Court of Texas.

June 25, 1986.

Attorney(s) appearing for the Case

Huffaker, Green and Huffaker, Gerald Huffaker, Tahoka, for petitioners.

Carr, Evans, Fouts & Hunt, Donald M. Hunt, Lubbock, for respondents.

KILGARLIN, Justice.

Hazel Altman, Duncan B. Clark, and Ellen Dixon Clark present this court with one issue: whether a mineral interest conveyed in a deed by W.R. Blake, Jr. to his father is a one-sixteenth royalty interest or a one-sixteenth interest in the mineral fee. In a suit filed by Altman and the Clarks against the heirs of W.R. Blake, Sr., both sides moved for summary judgment. The trial court construed the deed to convey a one-sixteenth non-participating...

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