Davis v. Texas Co.
Court of Appeals of Texas
Sonfield, Sp. C. J., dissenting. Appeal from District Court, Brazoria County; R. L: Cole, Special Judge. Suit in trespass to try title by Nelson Davis and others against the Texas Company and others. Judgment on a directed verdict for defendants, and plaintiffs appeal.
1Opinion
SONFIBLD, Sp. C. J.
I concur in the holding of the majority in reference to the Eilers release and the pleas of innocent purchaser, estoppel, and limitation. I cannot, however, assent to the construction given the instrument executed by Arnold and wife to Underwood. But for the extreme importance of the question I would content myself with a mere statement of dissent.
The majority construe the instrument as a present conveyance of nine-tenths of the minerals in fee, subject to a condition subsequent, the drilling of a well within two years, or, in lieu thereof, the payment of rentals, or that,…
2Cases cited26 opinions
- Texas Company v. W.H. DaughertyTexas Supreme Court · 1915
- Grubb v. McAfeeTexas Supreme Court · 1919
- National Oil & Pipe Line Co. v. TeelTexas Supreme Court · 1902
- Lowther Oil Co. v. Miller-Sibley Oil Co.West Virginia Supreme Court · 1903
- Steelsmith v. GartlanWest Virginia Supreme Court · 1898
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