Legal Opinion

Wiggins v. Cade

Texas Court of Appeals, 12th District (Tyler)

Decided May 5, 2010No. 12-08-00329-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION ON REHEARING

JAMES T. WORTHEN, Chief Justice.

Glen S. Cade has filed a motion for rehearing, which is overruled. We withdraw our opinion of January 29, 2010 and substitute the following opinion in its place.

Both Appellants, Charles R. Wiggins and R. Zachary Tonroy, and Appellee, Glen S. Cade, claim title to the same 1/64 nonparticipating royalty interest in the oil and gas produced and saved from a gas well in Rusk County. Cade filed a petition for declaratory judgment and to quiet title. By summary judgment, the trial court determined that Cade is the owner. Wiggins and Tonroy contend…

2Cases cited15 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  3. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  4. Goodyear Tire and Rubber Co. v. MayesTexas Supreme Court · 2007
  5. MMP, Ltd. v. JonesTexas Supreme Court · 1986

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3Cited by6 opinions

  1. 301 White Oak Ranch, Ltd., John D. Manning D/B/A JM Properties, and Auroras, LLP v. Oaks of Trinity Homeowners' Association, Inc., Texas Court of Appeals, 13th District2015
  2. Amazing Paws v. Melissa Pedraza, Texas Court of Appeals, 1st District (Houston)2026
  3. Azhar M. Chaudhary and Riverstone Resort, LLC v. Prosperity Bank, Mark Schmutz, Texas Court of Appeals, 1st District (Houston)2024
  4. Ivy Bell v. Midway Petroleum Group LP, Texas Court of Appeals, 9th District (Beaumont)2021
  5. Larry D. Prewitt and Deborah D. Prewitt v. Jackie Neil Norsworthy, Texas Court of Appeals, 9th District (Beaumont)2016

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