Benge v. Scharbauer

SUTTON, Justice.

This is an appeal from the District Court of Midland County.

The trial was to a jury, but at the conclusion of the evidence the Court.,instructed a verdict in favor of Clarence Scharbauer and Ruth Scharbauer, known in the record as the “Scharbauer defendants” and judgment followed accordingly. The Benge defendants are the principal complainants on this appeal. The Magnolia Petroleum Company brought the suit as a stakeholder er to construe a deed and to have it determined to whom it should pay certain royalties due under a producing oil and gas lease on the lands involved and…