Montgomery v. Rittersbacher

424 S.W.2d 210 (1968)

W. R. MONTGOMERY, Petitioner,

v.

Charles Edgar RITTERSBACHER et al., Respondents.

No. B-160.

Supreme Court of Texas.

January 24, 1968.

Rehearing Denied February 28, 1968.

Kelley, Looney, McLean & Littleton, L. C. McLean, Edinburg, for petitioner.

Aldrich, McDonald & Stewart, B. R. Stewart, Edinburg, for respondents.

SMITH, Justice.

Petitioner, W. R. Montgomery, brought this suit to establish his right to accumulated and prospective royalty under an oil, gas and mineral lease. The material facts are undisputed. The trial court in a non-jury trial rendered judgment that Montgomery…