Fleming v. Miller

LONG, Justice.

This is a suit in trespass to try title involving the minerals in approximately 400 acres of land in the Wm. Shipp League, Comanche County, Texas. The plaintiffs are the heirs of J. Doss Miller, Sr. The defendants are the heirs at law of J. R. Fleming, Alex Booth and Daniel Wise, except the defendant Kelsey, who is an assignee of certain mineral interests from the Fleming and Wise heirs. Upon a trial before the court without a jury, plaintiffs recovered all of the minerals in and under said land. Defendants have appealed.

There is very little dispute as to the facts, the evidence…