Betzen v. Exxon Corp.

OPINION

OSBORN, Justice.

Kenneth P. Betzen appeals from a judgment entered in a severed case which determines ownership of oil runs and is ancillary to a suit by Fidelity Bank against Betzen for a debt on a guaranty agreement. We affirm.

In the principal case, Fidelity Bank obtained a judgment against Kenneth Betzen for $1,401,067.46 and for foreclosure of a deed of trust lien on a mineral interest he owned in Gaines County, Texas. That judgment directs that the proceeds of the sale shall be used to pay (1) all costs and expenses of the sale, (2) Fidelity’s attorney’s fees in the amount of…