Miles v. Martin

321 S.W.2d 62 (1959)

Carl MILES, Petitioner,

v.

J. O. MARTIN, Respondent.

No. A-6764.

Supreme Court of Texas.

February 18, 1959.

Whitten, Harrell & Wilcox, Abilene, for petitioner.

Yates & Yates, Abilene, for respondent.

WALKER, Justice.

The principal question in this case is whether the rule laid down in Duhig v. Peavy-Moore Lumber Co., 135 Tex. 503, 144 S.W.2d 878, applies to a deed executed by respondent, J. O. Martin, in 1951. Respondent brought the suit against Carl Miles, a petitioner, and others to recover an undivided one-fourth interest in the minerals in and under approximately 417 acres of…