Simmons v. Ledger Co.

HALL, Justice.

The parties to this cause have agreed to- a statement of the case, and the same is adopted by the court:

“This suit was originally filed in the District Court of Tarrant County, Texas, removed to the District Court of Rusk County, Texas, where it was filed on March 31, 1933. No question was raised as to the removal proceedings, and the case was admittedly properly filed in the Rusk County District Court.

“In its original petition, defendant in error alleged that on the 5th day of January, 1932, it was the owner of an 1/512 undivided interest in and to the oil, gas and other…