Wylie v. Reed

OPINION

JAMES, Justice.

This is an appeal from a second summary judgment. Plaintiff-Appellee Bette Reed, Trustee, a co-partnership, brought this suit against Defendant-Appellants W. C. Wylie and wife Iva Jack Wylie for a declaratory judgment to the effect that as between Reed and the Wylies, the Wylies have no ownership of the coal and lignite deposits in a certain tract of 223.385 acres of land located in Freestone County, nor of the royalty fuiids attributable to the coal and lignite removed from the tract in question.

Prior to a former appeal of this case, to wit, on November 19, 1975, the…