West v. Hapgood West v. Edwards

Mr. Judge Smedley

of the Commission of appeals delivered the opinion for the Court.

These two cases, although separately filed and docketed in the trial court and in both appellate courts, were tried together and were submitted together on appeal with one statement of facts. The controlling facts and questions of law in the two cases are the same. Accordingly, here, as in the Court of Civil Appeals, one opinion is written and the cases are treated herein as if they were one case.

Petitioners sued respondents for the title and possession of the oil, gas and other minerals in thirty-three tracts…