Perpetual Royalty Syndicate v. Albritton

SPEER, Justice.

O. B. Albritton instituted this suit against Perpetual Royalty Syndicate, a common-law trust with E. E. Scannell as its sole trustee, Edwin B. Cox and Jake L. Hamon to recover an undivided one-eighth interest in moneys paid, and to establish his right to receive a proportionate amount out of additional sums promised to be paid from oil runs, for an oil and gas lease on fifty acres of land in Archer County, Texas.

Albritton’s pleadings disclose that his suit is based upon substantially the following conditions: In March of 1938, a test well had been drilled in the area of the…