Texas Military Institute of San Antonio v. Sun Oil Co.

SLATTON, Justice.

This is an appeal from the Ninety-Third judicial district court, in which the appellants complain of the action of the trial court in instructing a verdict against them. Appellants’ trial pleadings contained three counts: The first was in trespass to try title; the second, for specific performance; and the third, for damages.

The controversy arose over an oil and gas lease executed by Margaret McAllen Fairbanks, joined pro forma by her husband, to some 7,000 acres of land belonging to her separate estate, dated on or about February 7, 1933. It appears that this oil and gas…