Barker v. Levy
Texas Court of Civil of Appeals
507 S.W.2d 613 (Tex. Civ. App. 1974)
Margaret Sweet assigned to Adrian Levy (defendant) a 1/160th “part of all . . . minerals that may be produced and saved” from Sweet’s property. Sweet died intestate, and Barker and other heirs and successors of Sweet’s interests (plaintiffs) brought suit, seeking a declaration that the interest Sweet conveyed was a mineral interest. Levy argued that the interest was a royalty interest, as he sought to have an interest free of production costs. The trial court found in favor of Levy. The plaintiffs appealed.
Rule of Law
Holding and Reasoning (Tunks, C.J.)
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