Benge v. Scharbauer

This cause involves the construction of a paragraph in a deed from Clarence Scharbauer, Sr., et ux (predecessors in title) as grantors to A. H. Benge, who with the heirs of his deceased wife, are the petitioners. The deed is dated December 17, 1941, and was delivered shortly thereafter and immediately recorded in Midland County, Texas, where the land was located. *450At the time of the trade, and the negotiations between the parties leading up to the execution and delivery of the deed, it was understood by all parties that there was an outstanding l/4th full mineral interest in all the lands, and…