Simmons v. East Texas Oil Refining Co.

JOHNSON, Chief Justice.

On April 22, 1933, East Texas Oil Refining Company, as owner of the seven-eighths leasehold interest, filed this suit against Jay Simmons, E. Rhodes, and J. E. Webb, in trespass to try title to recover a tract of land described as containing 18 acres, more or less, of the Mary Yan Winkle headright survey in Gregg county, of which Eddie Mitchell owns the surface and one-eighth royalty. On May 2,1933, an amended petition was filed in which East Texas Oil Refining Company and Reserve Petroleum Company were named as plaintiffs, and, in addition to the original defendants,…