Wahlenmaier v. American Quasar Petroleum Co.

OPINION

WARD, Justice.

The plaintiffs and defendants filed motions for summary judgment and the one filed by the defendants was granted. The plaintiffs are the owners of overriding royalty interests retained in assignments of oil and gas leases covering two 40 acre tracts of land and filed suits under the Uniform Declaratory Judgments Act, Art. 2524-1, Vernon’s Tex.Rev.Civ.Stat.Ann., to construe the meaning of identical overriding royalty reservation clauses contained in the assignments. The trial Court held in favor of the defendants that the assignments are not ambiguous and that the size of…