Livingston v. McMullen Oil & Royalty Co.

McGILL, Justice.

Appellant filed this suit in trespass to try title to four sections of land in Presidio County. Many persons were made defendants, but this appeal concerns only those designated as the McMullen interest and the Swofford interest. These interests disclaimed surface rights to the four sections, but claimed certain mineral interests therein. On motion the court granted summary judgment for the defendants, and this appeal is from that judgment.

The substance of all appellant’s points is that the court erred because the pleadings, depositions and admissions on file, together with…