J. Hiram Moore, Ltd. v. Greer

in which Justice HECHT, Justice O’NEILL, Justice WAINWRIGHT, and Justice BRISTER joined.

We deny the motion for rehearing. We withdraw our opinion of December 31, 2004 and substitute the following in its place.

Mary Greer, her three sisters, and their widowed mother partitioned an 80-acre tract into four 20-acre tracts, designated 1 through 4. The land is all in the I. & G.N. R.R. Survey No. 6, A-232 (“the Railroad Survey”), in Wharton County. Each sister received title to the surface and minerals in one tract and one-fourth of a non-participating royalty interest in each of the other three…