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FARM CREDIT BANK OF TEXAS v. COLLEY

No. 6-92-023-CV.

849 S.W.2d 825 (1993)

FARM CREDIT BANK OF TEXAS, Appellant, v. O.L. COLLEY, Jr., and wife, Neva Colley, Appellees.

Court of Appeals of Texas, Texarkana.

Rehearing Denied March 3, 1993.

Attorney(s) appearing for the Case

Thomas H. Crofts, Jr., Crofts, Callaway & Jefferson, San Antonio, Franklin A. Poff, Jr., Gooding & Dodson, Texarkana, for appellant.

Robert Rolston, Old, Rolston & Old, Mount Pleasant, for appellees.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

GRANT, Justice.

The Farm Credit Bank of Texas appeals from a summary judgment granted in favor of O.L. and Neva Colley in a declaratory judgment action filed to determine who has the right to royalties from the sale of strip-mined lignite from certain property.

Farm Credit Bank contends that the trial court erred in rendering summary judgment against it because the court erroneously applied a rule of construction which presumes that a royalty...

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