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TYNES v. MAURO

No. 08-91-00086-CV.

860 S.W.2d 168 (1993)

Terry Jo TYNES, John R. Brooke, III, Caroline B. Schindler, Ronita Miller, Equitable Trust Company, Gainey & Schweers and Carl G. Jockusch, Appellants/Appellees, v. Gary MAURO, Commissioner of the General Land Office of the State of Texas, Appellee/Appellant.

Court of Appeals of Texas, El Paso.

Rehearing Overruled August 11, 1993.

Attorney(s) appearing for the Case

Mark P. Gainey, San Antonio, C.C. Small, Jr., Ed Small, Small, Craig & Werkenthin, Austin, for appellants/appellees.

Jose Manuel Rangel, Mary A. Keeney, Asst. Attys. Gen., Energy Div., Dan Morales, Atty. Gen., Austin, for appellee/appellant.

Before OSBORN, C.J., and KOEHLER and LARSEN, JJ.

OPINION

LARSEN, Justice.

In this oil and gas case, arising from facts very similar to those addressed in the recent Texas Supreme Court case State v. Durham, 860 S.W.2d 63 (1993), the State of Texas sought reimbursement for its share of oil and gas royalties due under the Relinquishment Act of 1934, and under its own unleased 1/16th interest in the mineral estate. We believe that a 1934 trespass to try title...

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