Cherry v. Farmers Royalty Holding Co.

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

This is a trespass to try title suit instituted by W. O. Cherry against Farmers Royalty Holding Company and others, the property in dispute being an undivided one-half interest in the minerals in a certain tract of land in Jackson County. The case was tried without a jury and judgment rendered for the plaintiff. That judgment was reversed and the cause remanded by the Court of Civil Appeals. 142 S. W. (2d) 255. Cherry alone applied for a writ of error.

The defendants claim title to one-half the minerals under…