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RUSSELL v. CITY OF BRYAN

No. 14-95-00289-CV.

919 S.W.2d 698 (1996)

Michele RUSSELL, William Thornton, Billy Payne, Jay Don Watson, John Webb Lawrence, Ann Lawrence, Thomas E. Dorman, Executor of the Estate of William T. Dorman, Deceased, and Adrian Burke, Appellants, v. The CITY OF BRYAN and North Central Oil Corporation, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled April 25, 1996.

Attorney(s) appearing for the Case

M. Charles Gandy, College Station, E.W. Newman, Houston, John E. Hawtrey, Bryan, Bill Payne, Bryan, for appellants.

Edward Conley, Houston, C. Charles Dippel, Houston, James P. Barnett, Houston, James W. Paulsen, Houston, for appellees.

Before MURPHY, C.J., and AMIDEI and ANDERSON, JJ.

OPINION

MURPHY, Chief Justice.

This appeal arises from a suit for declaratory judgment and conversion, seeking to clear the title to 10.45 acres dedicated to the City of Bryan ("the City") for use as a park and to recover the proceeds from production of oil and gas underlying the land. In a jury trial, the court submitted the question of whether Tyler Haswell ("Haswell") intended to convey to the City only the right to use the surface of the subject tract...

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