Legal Opinion

Carey v. Texas Pacific Coal & Oil Co.

Court of Appeals of Texas

Decided March 26, 1921No. 9444. [fn*]PublishedCited by 15 opinions

Appeal from District Court, Stephens County; W. R. Ely, Judge. Suit by Mrs. Virginia C. Carey and others against the Texas Pacific Coal & Oil Company and others, in which T. H. Harbin intervened. Prom a judgment against them, plaintiffs and the intervener appeal.

1Opinion of the CourtDunklin, J.

On November 15, 1915, J. A. Carey, joined by his wife, Mrs. Virginia C. Carey, executed an oil and gas lease to 640 acres of land in Stephens county to the Texas & Pacific Coal Company. The land was community property of the grantors, and they resided upon and claimed it as their homestead at the time the lease was executed. J. A. Carey died intestate, and there was no administration upon his estate nor any necessity therefor. When he died an undivided one half interest in the property passed to his children and the other half to Mrs. Carey, the surviving wife, under the statute of descent…

2Cases cited13 opinions

  1. National Oil & Pipe Line Co. v. TeelTexas Supreme Court · 1902
  2. Decker v. KirlicksTexas Supreme Court · 1919
  3. Hess & Skinner Engineering Co. v. TurneyTexas Supreme Court · 1918
  4. Stone v. JacksonTexas Supreme Court · 1919
  5. Stramler v. CoeTexas Supreme Court · 1855

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3Cited by15 opinions

  1. Clonts v. JohnsonTexas Supreme Court · 1927
  2. Superior Oil Co. v. Stanolind Oil & Gas Co.Texas Supreme Court · 1951
  3. Natkin Engineering Co. v. Ætna Casualty & Surety Co.Texas Commission of Appeals · 1931
  4. Parks v. City of WacoCourt of Appeals of Texas · 1925
  5. Farmers' State Bank of BurkburNett v. McReynoldsCourt of Appeals of Texas · 1927

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