Bremer v. North Central Texas Oil Co.

ODOM, Justice.

Plaintiff, on Jannary 1, 1924, owned and still owns in fee, certain lands in the parish of Caddo. On that date he sold to Arthur Andrews an undivided one-half interest in all of the oil, gas, and other minerals in and under the said lands. An error in the description of the lands was corrected by written instrument on June 30 following.

This suit was brought by Bremer, the landowner, on January 6, 1936, to cancel the servitude granted to Andrews because of nonusage for ten years. R.C.C. art. 789. He alleged that the servitude granted by him was not exercised by Andrews nor any…