Mapco, Inc. v. Carter

I respectfully dissent. I would utilize the original opinion, with slight revisions, at 786 S.W.2d 368 (Tex.App. — Beaumont 1989). While I have many disagreements with the majority, in an effort towards brevity, my dissent is in the following areas.

Res Judicata and Collateral Estoppel

Appellants argue appellees are bound by the pronouncements of the declaratory judgment entered in an earlier suit between trustees for Turkey and M.U.S.T. and Mapco, Inc., declaring the mineral lessee owns the salt in the mineral estate of the same tract, the surface owner has the right to leach caverns out of…