Montgomery v. Rittersbacher

SMITH, Justice.

Petitioner, W. R. Montgomery, brought this suit to establish his right to accumulated and prospective royalty under an oil, gas and mineral lease. The material facts are undisputed. The trial court in a non-jury trial rendered judgment that Montgomery take nothing. The Court of Civil Appeals affirmed. 410 S.W.2d 925. We reverse the judgments of the courts below and remand the cause to the trial court with instructions.

In 1945 Montgomery conveyed approximately eighty (80) acres of land, designated in the record as “First Tract,” to Respondents’ predecessors in title but reserved…