Legal Opinion

O'Brien v. Jones

Court of Appeals of Texas

Decided March 9, 1922No. 1290. [fn*]PublishedCited by 4 opinions

Appeal from District Court, Taylor County ; W. R. Ely, Judge. Action by J. H. O’Brien against Morgan Jones. Judgment for defendant, and plaintiff' appeals.

1Opinion of the CourtHarper, C. J.

This is an appeal from a judgment sustaining general demurrer to the plaintiff’s petition.

The plaintiff alleged that J. J. Hand owned a 644-aere tract of land; that he (Hand) executed and delivered to the T. & P. Coal & Oil Company three oil and gas leases on the east half thereof. These instruments are attached to the petition, show to be leases of the surface, with the right to prospect for minerals, with royalties, and are not conveyances of the minerals in place.

And to Wm. Bell an oil and gas lease to the west half of said tract. This lease is attached to the petition, and reads:

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2Cases cited2 opinions

  1. Bender v. BrooksTexas Supreme Court · 1910
  2. Hulse v. HulseAppellate Court of Illinois · 1910

3Cited by4 opinions

  1. Pure Oil Co. v. KindallOhio Supreme Court · 1927
  2. Arrington v. United Royalty Co.Supreme Court of Arkansas · 1933
  3. Jones v. O'BrienTexas Commission of Appeals · 1923
  4. O'Brien v. JonesCourt of Appeals of Texas · 1925

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