GORE OIL CO. v. ROOSTH

No. 11-03-00167-CV.

158 S.W.3d 596 (2005)

GORE OIL COMPANY d/b/a Crego Exploration et al., Appellants, v. Steve ROOSTH, Trustee; New Horizons Oil & Gas, Ltd.; and John D. Procter, Trustee, Appellees.

Court of Appeals of Texas, Eastland.

January 20, 2005.


Attorney(s) appearing for the Case

John R. Woodward, Woodward & Shaw, Steven C. Haworth, Law Office of Steven C. Haworth, Dallas, for appellants.

J. Bennett White, Wilson, Sheehy, Knowles, Robertson & Cornelius, Tyler, Donald M. Hunt, Mullin Hoard & Brown, L.L.P., Lubbock, for appellees.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.


Opinion

W.G. ARNOT, III, Chief Justice.

The issue in this appeal is whether the grantor's or the grantee's successors-in-interest should bear the burden of outstanding mineral and nonparticipating royalty interests. Appellees, Steve Roosth, Trustee; New Horizons Oil & Gas, Ltd.; and John D. Procter, Trustee, are successors-in-interest to the grantor, Peyton McKnight. Appellees brought suit against the leasehold interest owners1

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