Ellisor v. Kennedy

CODY, Justice.

This suit was brought on April 3, 1937, by appellants in trespass to try title to a certain 79.9-acre tract in Houston County, and also to remove cloud cast on their title thereto by a certain instrument executed by appellants as grantors, on May 21, 1927, and which they delivered to appellees, which instrument is set forth verbatim hereinafter, and was also brought in the alternative to construe such instrument.

The instrument just referred to was executed and delivered the day after appellants had given appellees an oil, gas and mineral lease covering the same property in such…