Erwin v. Hays

WILLIAMS, Justice.

Predicated on the establishment of an alleged constructive trust based on a joint adventure, as pleaded by appellee, Leon Hays, plaintiff below, recovered of and from appellants Andrew V. Erwin and Vernon Whitley, defendants below, “an overriding royalty interest, the equal of ⅜2 of ⅞ part of all oil, gas and other minerals which may have been or may be produced from” certain tracts of land as therein described in the pleadings and judgment. Whitley, d/b/a Whitley Drilling Company, held a drilling contract under Erwin, and the two present a joint appeal. No,.complaint is…