Tynes v. Mauro

OPINION

LARSEN, Justice.

In this oil and gas case, arising from facts very similar to those addressed in the recent Texas Supreme Court case State v. Durham, 860 S.W.2d 63 (1993), the State of Texas sought reimbursement for its share of oil and gas royalties due under the Relinquishment Act of 1934, and under its own unleased ⅛⅛ interest in the mineral estate. We believe that a 1934 trespass to try title suit did not preclude, as res judicata, the State’s claims here, particularly where an earlier suit had adjudicated title to the ¾6th interest upon which the State’s judgment is based. We also…