CAIN v. NEUMANN

No. 13325.

316 S.W.2d 915 (1958)

J. W. CAIN et al., Appellants, v. Ethel Schallert NEUMANN et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

On Rehearing July 30, 1958.

On Second Motion for Rehearing September 10, 1958.


Attorney(s) appearing for the Case

Williams, Lee & Kennerly, P. F. Graves, Houston, David A. Grose, Alice, Vinson, Elkins, Weems & Searls, James W. McCartney, P. R. Rowe, Houston, for appellants.

Morrill & Patton, Beeville, Lloyd & Lloyd, Alice, Head & Lyle, Corpus Christi, Robertson, Jackson, Payne, Lancaster & Walker, Dallas, for appellees.


POPE, Justice.

This is an action in trespass to try title and for the cancellation of an oil, gas and mineral lease. The questions presented are: (1) Whether an assignee of a lesser tract of land out of a larger tract covered by a base oil, gas and mineral lease, by releasing and surrendering the lesser part on which there is paying production and simultaneously taking back a new lease from the landowner, thereby effects a surrender and destruction of the entire base...

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