West v. Seigler (265 S.W.2d 618, 1954)

BOYD, Justice.

Appellee'.Dave .H. -Seigler filed this suit.against .appellant .Gordon T. West under. art. 2524-1, V.A.T.S., - for a declaratory judgment establishing his interest in Jieth of -%ths of the minerals-in-86.675 acres of land, until he has received $75 per acre from ¾6⅛ of %ths of' the minerals produced therefrom. Judgment was for ap-pellee, and appeal was perfected.

On January 1, 1944, the United States of America conveyed to appellee 86.675 acres, reserving from said conveyance %ths of the oil, gas, coal and other minerals upon, in and under said land.

On June 5, 1947, appellee and his wife conveyed to appellant all their interest in and to the oil, gas and. other minerals in said tract, which was an undivided ¾,⅛ interest, reserving therefrom ¼⅛ of the usual ⅛⅛ royalty. In said deed of conveyance there áppeared thé following provisions :

“The grantors herein further contract and agree that should they subsequently acquire title to the remaining undivided ¾ interest in and to the oil, gas’ and othér minerals in and under the land above described, or to any fractional part thereof, .that in. such event and immediately thereupon they will grant, sell, convey and deliver, and by these. presents for the same-consideration hereinbefore recited, they do hereby grant, sell, convey and deliver unto the said Gordon T. West all of such after acquired interest sub-, ject to the following reservation from such after ac