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PELLOW v. CADE

No. 06-97-00137-CV.

990 S.W.2d 307 (1999)

Vernon E. PELLOW, Enerlex, Inc., C. David Rhoades, and Jones & Pellow Oil Company, Appellants, v. Glen S. CADE, Appellee.

Court of Appeals of Texas, Texarkana.

Decided February 3, 1999.

Opinion on Overruling of Rehearing March 19, 1999.

Attorney(s) appearing for the Case

Deborah J. Race, Ireland, Carroll, Kelley, Tyler, for appellants.

Todd Tefteller, Tefteller & Pelaia, Gilmer, Dwight Brannon, Gilmer, for appellee.

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

OPINION

Opinion by Chief Justice CORNELIUS.

Vernon Pellow and others appeal from a judgment declaring that Glen Cade is the owner of a one-eighth overriding royalty interest in an oil and gas lease covering a tract of land located in Upshur County, Texas.

THE FACTS

In 1931, C.C. Julian formed C.C. Julian Oil & Royalties Company as an Oklahoma Express Trust. Within a few years, the company went into bankruptcy. On February 15, 1935,...

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