Schwarm v. Mexia Holdings, L.P.

Plaintiffs Herschel and Robert Schwarm are trustees of the Noble Ervin Schwarm trust, which owns a reversionary mineral interest in certain Fayette County real estate. Defendants Mexia Holdings, L.P (Mexia), and Monarch Resources, L.L.C. (Monarch), purport to own one-half of the mineral interests in said real estate by reason of a mineral deed from Arl Schwarm and Nellie Schwarm, dated October 1938. Defendant Marathon Oil Company (Marathon) is the purchaser of crude oil and gas from the lease in question. Plaintiffs filed a complaint seeking a declaration that the mineral deed was expired…