Jones v. Colle

WALLACE, Justice.

This is an appeal of a summary judgment in a suit to construe an oil and gas lease. Each party filed a motion for summary judgment. The court of appeals affirmed the summary judgment in favor of Jack Colle. 709 S.W.2d 8. We reverse the judgment of the court of appeals and render judgment for B.H. Jones.

Winifred Curry owned a portion of the minerals under two adjoining tracts of land. One tract contained 68.72 acres and Curry owned 28.84 mineral acres under that tract. The adjoining tract contained 49.34 acres and Curry owned 20.7 mineral acres under that tract. Curry thus…