WIGGINS v. CADE

No. 12-08-00329-CV.

313 S.W.3d 468 (2010)

Charles R. WIGGINS and, R. Zachary Tonroy, Appellants, v. Glen S. CADE, Appellee.

Court of Appeals of Texas, Tyler.

May 5, 2010.


Attorney(s) appearing for the Case

Frank R. Parish, Houston, Donald R. Tonroy, for Appellant.

Daryl L. Derryberry, Tyler, Gregory D. Smith, for Appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


OPINION ON REHEARING

JAMES T. WORTHEN, Chief Justice.

Glen S. Cade has filed a motion for rehearing, which is overruled. We withdraw our opinion of January 29, 2010 and substitute the following opinion in its place.

Both Appellants, Charles R. Wiggins and R. Zachary Tonroy, and Appellee, Glen S. Cade, claim title to the same 1/64 nonparticipating royalty interest in the oil and gas produced and saved from a gas well in Rusk County. Cade filed...

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