MacDonald v. Follett

Mr. Judge Hickman

of the Commission of Appeals, delivered the opinion for the Court.

This is an action in trespass to try title brought by Lewis H. Follett and Mrs. Lottie B. Folett ag'ainst R. D. MacDonald and others to recover, upon the theory of a constructive trust, an undivided one-half interest in a one-thirty-second overriding royalty under mineral leases executed in 1938. As will be disclosed below, leases were executed in 1934, renewed in 1937, and again in 1938, but the interest sought to be recovered in this case was carved out of the 1938 leases. In the trial court a preemptory…