Fleming Foundation v. Texaco, Inc.

NORTHCUTT, Justice.

On April 1, 1949, Lela Knight and others, being hereafter referred to as individual appellants, sold to Fleming Foundation, a Texas Corporation, certain lands situated in Kent and Scurry Counties, Texas, consisting of 24,600 acres, more or less, but in said deed reserved ½ interest in all of oil, gas and other minerals in, under and that may be produced from the lands conveyed. We will hereafter refer to appellant, Fleming Foundation, as Fleming. On May 2, 1951, Fleming sold to Oscar Killian the surface only to the same 24,600 acres above mentioned but reserved and excepted…