Noel v. Atlantic Refining Company

OPINION

PRESLAR, Justice.

This is a suit in the nature of trespass to try title to land involved in a vacancy award. The trial court sitting without a jury granted judgment for the plaintiff fdS* title to the minerals under the land, found that it was not a vacancy, and canceled the patents.

The Atlantic Refining Company, appel-lee herein, sued all of the defendants, W. D. Noel, J. S. Lane, Harry Howard and wife, and Bankers Life Company for title and possession of two tracts of land, the first tract containing 60.53 acres and being described as part of Section 10, Block 1, and the second…