Patek v. Duncan

CODY, Justice.

This was a suit by appellees, plaintiffs below, to restrain the foreclosure of two certain deed of trust liens on two adjoining tracts of land in Jackson County, of approximately 200 acres each, in which appellees alleged that they owned, respectively, undivided mineral estates. The suit was also brought by appellees to remove cloud from title to their said respective mineral estates in said land. At the conclusion of the evidence the court withdrew the case from the jury and rendered judgment for appellees. The facts in the case are undisputed, and are in substance:

That James…