Smalley v. Octagon Oil Co.

GALLAGHER, Chief Justice.

This is an appeal from a judgment denying a new trial in a case in which service was had by publication. Appellees Octagon Oil Company, a corporation, and Shell Petroleum Corporation, sued appellant, T. B. Smalley, in the district court of Gregg county in trespass to try title to recover, subject to the owner’s ⅝ royalty, the minerals in and under a certain 100-acre tract of land out of the William P. Chism survey in said county, and to remove as a cloud, on their title thereto the claims asserted by .appellant in a certain affidavit made by him and recorded in the…