Medina Oil Development Co. v. Murphy
Court of Appeals of Texas
Appeal from District Court, Medina County ; R. H. Burney, Judge. Suit for partition by the Medina Oil Development Company against J. E. Murphy and others. From a judgment dismissing the suit, when plaintiff declined to amend its petition after demurrer thereto was sustained, plaintiff appeals.
1Opinion of the CourtSmith, J.
This is a partition suit brought by the Medina Oil Development Company against J. E. Murphy and wife and Jack M. Fusselman. A general demurrer to plaintiff’s petition was sustained, the plaintiff declined to amend, the suit was dismissed, and this appeal results. The petition discloses, in short, that Fusselman and the Murphys each owned the fee-simple title to an undivided one-half of four tracts of land in Medina county, aggregating-1,951 acres, and that Fusselman, without the joinder of the Murphys, gave the company a five-year oil and gas lease on a part of two of the tracts, specifically…
2Cases cited4 opinions
- Arnold v. CaubleTexas Supreme Court · 1878
- Tieman v. BakerTexas Supreme Court · 1885
- Chickamauga Trust Co. v. LonasTennessee Supreme Court · 1917
- Morris v. MorrisCourt of Appeals of Texas · 1907
3Cited by13 opinions
- Henderson v. ChesleyCourt of Appeals of Texas · 1925
- Harrison Oil Co. v. ShermanCourt of Appeals of Texas · 1933
- Lane v. HughesCourt of Appeals of Texas · 1950
- Luckel v. Barnsdall Oil Co.Court of Appeals of Texas · 1934
- Collins v. NaylorCourt of Appeals of Texas · 1946
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