Charles R. Wiggins and R. Zachary Tonroy v. Glen S. Cade

NO

NO. 12-08-00329-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CHARLES R. WIGGINS and,

R. ZACHARY TONROY, ' APPEAL FROM THE 4TH

APPELLANTS

V. ' JUDICIAL DISTRICT COURT OF

GLEN S. CADE, ' RUSK COUNTY, TEXAS

APPELLEE

OPINION ON REHEARING

Glen S. Cade has filed a motion for rehearing, which is overruled. We withdraw our opinion of January 29, 2010 and substitute the following opinion in its place.

Both Appellants, Charles R. Wiggins and R. Zachary Tonroy, and Appellee, Glen S. Cade, claim title to the same 1/64 nonparticipating royalty interest in the oil and gas produced and…