Ross, by Next Friend v. Tidewater Oil Co.

Mr. Judge Slatton

delivered the opinion of the Commission of Appeals, Section B.

Falvie L. Ross brought this suit in the form of trespass .to try title to recover an undivided interest in an 80 acre tract of land and for the cancellation of three mineral leases and deeds. Falvie L. Ross died during the pendency of the suit and the same was prosecuted by Charlie Ross, through next friend Porter Cooper, and L. C. Jefferson individually and as executor of the estate of Falvie L. Ross, deceased. It was alleged that on the 20th day of July, 1926, plaintiffs in error were the owners in fee simple of…