Burkitt v. Broyles

WERLEIN, Justice.

This suit was filed by appellee, Gordon Broyles, against appellant, George W. Bur-kitt, III, to partition the surface only of certain lots in the Burkitt, Bordeaux and Wright Addition to the City of Palestine, in Anderson County, Texas. The appellant answered by general denial. Thereafter appellant filed a plea in abatement setting out that the deed records of Anderson County reflected that appellee had an undivided mineral interest in said property in addition to his interest in the surface, and that he had executed to Lion Oil Company an oil, gas and mineral lease covering…