Kynerd v. Hulen

BRYAN, Circuit Judge.

This is an action of trespass to try title under the Texas' practice, by which the plaintiff, Kynerd, seeks to recover the value of oil extracted from two parcels or strips of land forming f)arts of a railroad right of way, and to establish his right to extract oil therefrom in the future.

The petition sets out a separate deed of each of the two parcels of land in controversy, executed in 1903 by the then owners to the defendant railway company. One of the deeds recites a cash consideration bf $129.25, and conveys: “All that certain tract, lot or parcel of land lying and…