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DICKENS v. HARVEY

No. 10-93-095-CV.

868 S.W.2d 436 (1994)

C. Bert DICKENS, et al., Appellants, v. Charles O. HARVEY, Appellee.

Court of Appeals of Texas, Waco.

January 19, 1994.

Attorney(s) appearing for the Case

Vaughan E. Waters, Davis & Davis, Bryan, for appellants.

Bryan F. Russ, Jr., Palmos, Russ, McCullough & Russ, Hearne, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

THOMAS, Chief Justice.

In 1982 C.J. Rutten conveyed fifty acres of a 1162-acre tract to Charles Harvey, reserving from the conveyance "all mineral reservations, royalty reservations and/or mineral leases" in Rutten's chain of title. The deed also provided that "No Minerals are transferred by this Deed." Rutten had previously executed a coal and lignite lease on the property in 1977. Rutten later divided the ownership of the minerals under the property...

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