Garner v. Lockhart

DAVIS, Justice.

Immediately prior to the 4th day of May, 1928, W. P. (William) Davis went from Sheppard, Texas, to Jacksonville, Texas, to buy a tract of land from J. M. Garner. Davis made a trade with Garner for a 50-acre tract of land in the G. Causey Survey No. 75 in Cherokee County for a total consideration of $1,600. The consideration to be $1,000 cash and $600 in vendor’s lien notes. Garner owned only ¾ of the minerals under the land at that time and it was agreed that he was to reserve a full ½ interest in the minerals in the sale to Davis. After the trade was made, Davis called his…