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HAWKINS v. TEXAS OIL AND GAS CORP.

No. 10-86-021-CV.

724 S.W.2d 878 (1987)

Marjorie HAWKINS, et al, Appellants, v. TEXAS OIL AND GAS CORPORATION, et al, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Denied January 22, 1987.

Attorney(s) appearing for the Case

James C. Baker, Rider & Wilson, Galveston, David B. Kultgen, Beard & Kultgen, Waco, for appellants.

Beverly Willis Bracken, Sue Stepp Raybold, Naman, Howell, Smith & Lee, P.C., Waco, Roy Hill, Hugh D. Reed, Jr., Fairfield, for appellees.

Patty L. Akers, Fairfield, for Fairfield State Bank.

OPINION

THOMAS, Justice.

This is an appeal from a summary judgment in a declaratory judgment and interpleader proceeding. The controversy involves the interpretation of a 1930 deed which conveyed oil and gas interests under 54.2 acres "subject to" a Humble oil and gas lease that has since expired. The principal question is whether the grantees owned a royalty interest or a mineral interest after the lease's expiration. Treating the instrument as unambiguous...

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