Penny v. Adams

SELLERS, Justice.

Garland Penny, the appellant herein, brought this suit in trespass to try title against E. N. Adams and others to recover about nine acres of royalty under certain land located in Rains County, which land was producing oil at the time the suit was brought.

The case was tried to the court without a jury and, after hearing, the court rendered a judgment for the defendants that the plaintiff take nothing.

Humble Oil & Refining Company, one of the defendants, is the owner of a valid oil and gas lease on the land and has been *821paying royalties under the terms of the lease to the…