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SMITH v. WILLIAMS

No. C-9391.

786 S.W.2d 665 (1990)

Terry D. SMITH, Petitioner, v. Judith WILLIAMS, James Williams, Derrell Froman, Leta Froman, and The Plains National Bank, Respondents.

Supreme Court of Texas.

Rehearing Overruled May 2, 1990.

Attorney(s) appearing for the Case

Donald M. Hunt, Lubbock, for petitioner.

John E. Westbrook, Midland, George H. McCleskey, Dan G. Young, Lubbock, for respondents.

PER CURIAM.

The issue presented in this case is whether execution of an instrument conveying a note and lien "and all liens and titles held... in and to said land" transfers the severed mineral estate in the land. The trial court granted summary judgment that this language conveyed the mineral estate. The court of appeals affirmed. 779 S.W.2d 479. We reverse.

Wolcott Gin, Inc., a company owned by Terry Smith, conveyed to...

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