Kelln v. Brownlee

ROBINSON, Justice.

The trial court granted a declaratory judgment establishing the right of plaintiffs to suspended and future royalties by virtue of mineral deeds executed by defendants Kellns. Defendants Kellns appeal. Affirmed as modified.

The facts in this case are not in dispute. At the time of the conveyances in question the defendants owned no interest in the oil, gas and other minerals in Section 59, Block 43, H. & T. C. Ry. Co. Survey, Lipscomb and Ochiltree Counties, Texas, except: (1) an undivided one-half interest or an undivided 40.5 acres in the South Half of the Northeast Quarter…