Moseley v. Hearrell

This suit was brought by J. A. Moseley, Jr., against Mrs. Lolá Hearrell and others for partition of the mineral interest in a one-acre tract of land. The trial court found that the mineral interest was incapable of partition in kind, and ordered it sold by a receiver and the proceeds divided. The judgment was rendered by the Court of Civil Appeals. 168 S. W. (2d) 317.

R. N. Wood originally owned the mineral interest in the tract of land in question. His interest was encumbered with a covenant that no more than one oil well would ever be drilled on the land. A firm of attorneys held an…