Allen v. Beard

• Decision Date: 22 October 1942
• Docket Number: No. 5973.,5973.
• Citation: 165 S.W.2d 913
• Parties: ALLEN v. BEARD et al.
• Court: Texas Court of Appeals

165 S.W.2d 913

ALLEN v. BEARD et al.

No. 5973.

Court of Civil Appeals of Texas. Texarkana.

October 22, 1942.

Appeal from District Court, Gregg County; Earl Roberts, Judge.

Trespass to try title by Robert Allen, as guardian of the estate of the four minor children of Comella Hilburn, deceased, against P. O. Beard and others, to recover title and possession of a mineral interest in land. From a judgment for defendants, plaintiff appeals.

Affirmed.

Jack Flock, of Tyler and Frank C. Bolton, Jr., of Longview, for appellant.

H. P. Smead, of Longview, and Tom F. Head, of Kilgore, for appellees.

JOHNSON, Chief Justice.

This suit was filed by Robert Allen as guardian of the estate of the four minor children of Comella Hilburn, the deceased wife of Carlisle Hilburn, Jr., against P. O. Beard and others, to recover title and possession of 4/5 of 1/16 mineral interest in 2.67 acres of land situated in Gregg County. Trial to the court without a jury resulted in judgment for defendants. Plaintiff appealed. The transcript contained the trial court's findings of fact and conclusions of law, filed at the request of appellant. The record contains no statement of facts.

The trial court found, in substance, that on July 22, 1933, Carlisle Hilburn, Jr., and wife, Comella Hilburn, owned the land in question; that on said date they conveyed all their interest in the minerals to C. G. Glasscock; that after execution of said conveyance an agreement was entered into between Glasscock and Carlisle and Comella Hilburn whereby Glasscock upon consideration moving from said Hilburns agreed to reconvey to them 1/2 the minerals under said land, subject to a lease; that subsequent to said agreement and before the conveyance was executed by Glasscock, Comella Hilburn died intestate, whereupon Glasscock on November 12, 1934, pursuant to said agreement, executed the following conveyance:

"State of Texas:

"County of Gregg

"Whereas, on July 22, 1933, Carlisle Hilburn Jr and wife Comella Hilburn, sold, assigned and delivered unto C. G. Glasscock all of their interest in and to the oil, gas and other minerals, in and under or that may be produced from the following described land, situated in Gregg County, Texas, to-wit: (Here follows description of land).

"Whereas, it was subsequently agreed that the said C. G. Glasscock would reconvey unto the said grantors an undivided one-half of the interest that had been conveyed by said mineral deed; and,

"Whereas, since the execution of said deed the said Comella has died, leaving heirs.

"Now, Therefore, Know All Men By These Presents: That I, C. G. Glasscock, in pursuance to said agreement have this day and do by these presents hereby transfer, assign and reconvey unto the said Carlisle Hilburn Jr and unto the legal heirs and representatives of Comella Hilburn, deceased, an undivided one-half part of all of the mineral interest conveyed to the said C. G. Glasscock by and through the mineral deed above mentioned.

"To Have and to Hold unto the said Carlisle Hilburn Jr and unto the legal heirs and representatives of Comella Hilburn, deceased, their heirs and assigns forever.

"It is expressly agreed that the extent and effect of this conveyance is to reconvey unto the said Carlisle Hilburn Jr and to the legal heirs and representatives of Comella Hilburn an undivided one-half only of the interest conveyed to C. G. Glasscock by and through the deed above mentioned, and that this conveyance shall in no wise affect any other interest owned by the said C. G. Glasscock in and to said property herein described which was acquired through other deeds, leases or other sources of title."

That on July 6, 1935, Carlisle Hilburn, Jr., duly qualified as community administrator of the community property of himself and his deceased wife, Comella Hilburn, and the mineral interest in question was inventoried as part of said community estate; that Carlisle Hilburn, Jr., as such community administrator, sold and conveyed said property to appellees for the purpose of paying existing community debts.

That the above-quoted...