J. Virgil Scott and Paul J. Rogers v. Union Producing Company

HUTCHESON, Chief Judge.

These are appeals from a summary judgment entered on motions filed in an interpleader action brought by Union Producing Co., lessee in an oil and gas lease, to have determined and declared the owners of mineral interests subject to the lease and the proportions of royalties and payments thereunder to which, as such owners, they are entitled. It presents for decision here the single question whether the district judge erred in holding, on the authority of Sellers v. Breidenbach, Tex.Civ.App., 300 S.W.2d 178, 1 that the fractional mineral interests acquired by appellants…