Scarmardo v. Potter

MURPHY, Justice.

Pete R. Scarmardo and Amalgamated Bonanza Petroleum, LTD. appeal from a judgment entered in favor of Anne L. Potter, Jordan Engineering Inc., and its assignees. In controversy, is the ownership of an undivided one-eighth mineral interest in two tracts of land located in Brazos County. Reversed and rendered.

The parties stipulated the following facts and issues. On May 27, 1957, Herman E. Frieling, et al. (Frieling), being the fee simple owners of the two tracts of land involved in this appeal, conveyed by warranty deed such property to E. F. Bond (Bond), reserving an undivided…