Bryan v. Willingham-Little Stone Co.

Grice, Justice.

The suit was brought on the theory that none of the mineral interests passed under the several devises, and the title to these therefore is held in equal proportion by the heirs of the testator. It affirmatively appears from the petition that all the parties plaintiff, either in person or through the ancestor in whose right they claim, had conveyed, before the filing of this suit, all their rights to the mineral interests in various parcels of the entire tract. In doing so they received in each instance a money consideration. It is true that the description in their deeds named…