Miller v. Gahagan

On June 20, 1958, we filed an opinion in this case. After further study of the case on motion for rehearing, we have concluded there were certain errors in that opinion. Hence, the former opinion is withdrawn and the following is substituted therefor.

In 1941 appellees C. P. Gahagan and Mary Gahagan Elkins acquired an undivided one-fourth interest in the minerals in a tract of 246.4 acres of land, the grantor, by his deed of conveyance, reserving unto himself, his heirs and assigns, the absolute power and authority to execute oil, gas and other mineral leases on said land as might seem proper…