Heinatz v. Allen

*514The controversy is as to the ownership of or right to the commercial limestone in a. tract of land containing 400 acres in Travis and Williamson Counties. The land was owned by Mrs. Emilie Heinatz, who devised to her daughter, Dora Heinatz, “the surface rights exclusive of the mineral rights” and to trustees for all of her children “the mineral rights”.

In this suit by petitioners, who claim under the trustees, against respondents, who claim under Dora Heinatz, judgment was rendered by the district court in favor of petitioners against respondents for the title and possession of the mineral…