Duffey v. Cross

McClendon, chief justice.

This appeal involves a proper construction of Art. 5367a, V.A.C.S. (Ch. 183, p. 560, Gen.L. 43rd Leg., Reg. Sess., 1933). In 1926 Cross, the surface owner of a tract of land, the mineral title to which was in the State, conveyed as agent of the State under the Relinquishment Act (Art. 5367, R.C.S.) a mineral lease thereon to Duffey, the recited consideration being in part a bonus of $1,000, the entire amount of which was paid by Duffey to Cross at the time of the conveyance. The lease was in terms the same as that construed in the Navarro case. Navarro Gil Co. v.…