Dial v. Martin

On Motion for Rehearing.

The appellees insist that we erred in not holding as a matter of law that the oil and gas lease involved in this controversy was valid as against the minor appellants.

In the original briefs, the appellees insist that the rights of a surviving partner are practically the same as the rights of a community survivor with reference to disposing of property and winding up the affairs, and they cite numerous cases, amongst them Clemmons v. McDowell (Tex.Civ.App.) 5 S.W.2d 224; Id. (Tex.Com.App.) 12 S.W.2d 955. We still adhere to the rules announced in the Clemmons Case, but…