Holchak v. Clark

NORVELL, Justice.

This being the second appeal of this cause, we refer to our former opinion, Clark v. Holchak, Tex.Civ.App., 247 S.W.2d 463, and that of the Supreme Court, Clark v. Holchak, 152 Tex. 26, 254 S.W.2d 101, for a more complete statement of the case.

The limitation or condition of defeasance contained in the habendum clause of the royalty deed reads as follows:

“It is further agreed and herein stipulated that in case there is no paying production on said land on December 10, 1945, and for six months, thereafter, that this grant shall become null and void, and the minerals hereby…