Miles v. Martin

The principal question in this case is whether the rule laid down in Duhig v. Peavy-Moore Lumber Co., 135 Texas 503, 144 S.W. 2d 878, applies to a deed executed by respondent, J. 0. Martin, in 1951. Respondent brought the suit against Carl Miles, a petitioner, and others to recover an undivided one-fourth interest in the minerals in and under approximately 417 acres of land in Taylor County which he claims was reserved to him by the terms of said deed. In the course of the trial it developed that the only real controversy is between petitioner and respondent, and the other defendants, except…