Foster v. Hopkins

SELLERS, Justice.

Appellant, who was the plaintiff in the case, brought the suit to establish his ownership of an oil and gas lease, and to quiet title thereto, upon the south 8 acres off the west 59 acres of a tract of land described in various deeds as “173 acres, more or less,” owned by appellee Mrs. Pet Hopkins, in the W. H. Cas-tleberry Headright survey in Gregg county. By amended petition, the plaintiff stated his cause of action in three counts, the first count being in trespass to try title to the oil, gas, and minerals in place under the south 8 acres off the west 59 acres of a tract…