Brown v. Havard

593 S.W.2d 939 (1980)

Robert A. BROWN et ux., Petitioners,

v.

Benjamin HAVARD et al., Respondents.

No. B-8412.

Supreme Court of Texas.

January 16, 1980.

Rehearing Denied March 12, 1980.

Petry & Petry, Eugene D. Stewart, Carrizo Springs, for petitioners.

Riddle, Murphrey, O'Quinn & Cannon, John O'Quinn, Houston, for respondents.

BARROW, Justice.

This is a declaratory judgment suit to determine the extent of royalty reserved to the grantors of a deed. The questions presented are whether evidence extrinsic to the deed may be considered to explain its proper construction, or whether the present owners of…