Finkelstein v. Roberts
Court of Appeals of Texas
1Opinion of the CourtConner, C. J.
On January 16,1918, J. E. Roberts and wife, Survelia Roberts, had their homestead on three separate tracts of land, aggregating 177 acres. The dwelling was upon a parcel of 3 acres, and the whole was ■ the separate property of the wife.
On the day stated, B. C. Morton, acting.for the benefit of M. B. Finkelstein, secured an oil and gas lease from J. E. Roberts and wife upon all of the land above described, except the 3 acres upon which the home was actually located. The lease is not set out in the record, but we assume it to be the ordinary oil and gas lease. The lease as executed and as…
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