Scarmardo v. Potter

ON MOTION FOR REHEARING

On rehearing appellees urge us to reconsider our holding in light of Pich v. Lankford, 295 S.W.2d 749 (Tex.Civ.App.—Amarillo 1956), rev’d on other grounds, 157 Tex. 335, 302 S.W.2d 645 (1956). In that case it was held a breach of warranty clause in prior deeds in grantees’ chain of title did not vest a royalty interest in the grantees when this interest was excluded from the conveyance by their immediate grantor. Additionally, in Pich, the grantees claiming the prior royalty interest not withheld from the operation of the prior deeds in their chain of title actually…