Cherokee Water Co. v. Ross

This is an original action for writ of prohibition and writ of mandamus.

This is the second time that Cherokee Water Company has come before this court. The first time was in Cherokee Water Co. v. Forderhause, et al., 641 S.W.2d 522 (Tex.1982) (“Cherokee F). Cherokee initiated the original action, designated No. 78-314, for a declaratory judgment and specific performance based on a deed giving it as grantee a preferential right to purchase the minerals of the subject land in the event of a sale of the minerals. Cherokee contended that the mineral owners’ execution of an oil and gas lease was a…