McDONALD, Chief Justice.
This is a suit for damages resulting to plaintiffs as a result of defendant's having appropriated the surface of certain lands, the surface of which is owned by plaintiffs, and one-half of the oil, gas and other minerals is owned by defendant.
Plaintiffs acquired the surface to the lands herein from the East Texas Pulp and Paper Company, and such conveyance was made subject "to the conditions, reservations, provisions and exceptions...
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