CALLAWAY v. DUFFY

No. 3520.

337 S.W.2d 388 (1960)

Gib CALLAWAY et al., Appellants, v. B. A. DUFFY et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 29, 1960.


Attorney(s) appearing for the Case

Gib Callaway, Brownwood, Scarborough, Black & Tarpley, Abilene, for appellants.

McMahon, Smart, Sprain & Wilson, King & Willoughby, Abilene, for appellees.


COLLINGS, Justice.

This suit was brought by Gib Callaway, individually and on behalf of other royalty owners who derive their title from or through him, against B. A. Duffy and other named defendants seeking a judgment declaring that plaintiffs' and defendants' royalty interests were not pooled under a single oil and gas lease executed by them on separately owned tracts of land. Upon a trial of the case before the court without a jury, judgment was entered on June...

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