Citations
- 50 S.W.2d 1080
Full opinion text
LEDDY, C.
This case involves the title to .43 acres of land, being a strip 104.7 feet by T96.3 feet, a part of the John Douthit survey in Jefferson county, Tex., included within the right of way of the Texas & New Orleans Railway.
This suit was instituted by defendants in error, J. F. Weed and the Gulf Production Company, against plaintiffs in error to restrain the latter from drilling said tract of land for oil. After a hearing the injunction was granted, as prayed for. An appeal was taken to the Court of Civil Appeals where the judgment of the trial court was affirmed. 300 S. W. 171.
The Douthit survey of land, of which this tract was a part, contained 152 acres. Martha D. Janes is shown to have acquired it through a’ regular chain of title. On November 1. 1881, she conveyed to the Sabine & East Texas Railway Company a right of way 200 feet in width across the tract. This easement sub sequently passed to and is now owned by the Texas & New Orleans Railway Company.
The title to the entire Douthit survey passed regularly from Martha D. Janes t« Jeff Chaison and J. M. Hebert, subject to the right of way above referred to.
Chaison and Hebert sold 100 acres off the south portion of the survey, leaving a balance of 52 acres, upon which was situated the railroad right of way 200 feet in width, and containing 3.32 acres.
After Chaison’s death, his heirs entered into an agreement with J. M. Hebert for a partition of this land, and, in .order to carry such agreement into effect, the tract was subdivided into eight lots. The plat of this subdivision shows the boundaries of the lots, the acreage of each, and their location with reference to the right of way. Thereafter Hebert and the Chaison heirs executed a partition deed, the pertinent portions of which are as follows: ■
“Know all men by these presents: That we” the Chaison heirs, and “J. M. Hebert, for and in consideration of executing a partition between J. M. Hebert, on the one hand and the said” Chaison heirs “on the other h