(DOWNLOAD) "Kokernot Et Ux. v. Caldwell Et Al." by The Texas Court of Criminal Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Kokernot Et Ux. v. Caldwell Et Al.
- Author : The Texas Court of Criminal Appeals
- Release Date : January 02, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appellants as plaintiffs instituted this suit in the trial court by petition containing three counts: the first in trespass to try title involving 3/32nds of 1/8th royalty under a 54.2 acre tract of land in the John Walling League, Van Zandt County, Texas; the second count involved the same mineral interest and covered the same land and was a suit to remove cloud from title; and the third count was likewise a suit to remove cloud from title, pleading more particularly the original description of the land which was later discovered to have an excess of 4.2 acres. Defendants, appellees here, answered by general denial and plea of not guilty. For the purpose of this opinion it may be stated that both appellants and appellees claim mineral interests under royalty deeds emanating from Mrs. Ella York et al. Prior to the acquisition of title to the mineral interests, by both appellants and appellees, one F. L. Luckel acquired an oil, gas and mineral lease from Mrs. Ella York et al. Title to the oil and gas lease was thereafter vested in the Pure Oil Company. Said lease was for a period of five years "and as long thereafter as oil or gas, or either of them is produced from said land by the lessee." The right to assign was expressly given. In each of the leases referred to, the provisions pertinent to the only question in this case are as follows: