Herndon v. Hayter

On September 13, 1923, appellee Hayter owned a section of public free school land in Pecos county, which had been theretofore sold and awarded to him by the state with mineral reservation.

On the date stated Hayter, in consideration of .$64, conveyed to appellant Herndon an undivided one-half interest in all of the oil, gas, coal, and other minerals in or under the land. In the plaintiff’s petition this conveyance is referred to as an agreement. In this transaction Hayter acted for himself and not as agent for the state. Herndon assigned undivided interests in the minerals to various persons.…