Luckel v. Sessums, 4466.

• Decision Date: 03 May 1934
• Docket Number: No. 4466.,4466.
• Parties: LUCKEL v. SESSUMS et al.
• Court: Texas Court of Appeals

Page 579

71 S.W.2d 579

LUCKEL v. SESSUMS et al.

No. 4466.

Court of Civil Appeals of Texas. Texarkana.

May 3, 1934.

Rehearing Denied May 10, 1934.

Error from District Court, Gregg County; C. G. Dibrell, Judge.

Suit in trespass to try title by L. A. Sessums and others against F. L. Luckel and others, wherein named defendant filed a cross-action against named plaintiff and others. To review a judgment for plaintiffs, named defendant brings error.

Affirmed.

Wynne & Wynne, of Longview, for plaintiff in error.

Chauncey & Chauncey, Campbell, Lee, Taylor & Leak, and Ghent Sanderford, all of Longview, Syd Reagan, of Centerville, W. Edward Lee, of Longview, House, Wilson & House, of Dallas, Beeman Strong and A. D. Moore, both of Beaumont, H. R. Moore, of Houston, and Carl McLynn, of Beaumont, for defendants in error.

LEVY, Justice.

The defendants in error, L. A. Sessums and the Guiberson Oil Company, a corporation, brought the suit in trespass to try title to 45 acres of land out of the William Robinson survey in Gregg county. The defendants named were F. L. Luckel, J. G. McGrede, Gus Davis, Yount-Lee Oil Company, and a number of other persons. The defendants in error alleged that on May 22, 1931, L. A. Sessums was and still is the owner of an undivided 3/8 interest and that S. A. Guiberson, Jr., vendor of the Guiberson Oil Company, was the owner of an undivided 1/4 interest in the minerals under the land subject to an oil and gas lease executed by J. G. McGrede to B. A. Skipper, May 9, 1930.

The defendant F. L. Luckel answered by general denial, plea of not guilty, and by way of cross-action sought to recover as against L. A. Sessums and S. A. Guiberson, Jr., and the Guiberson Oil Company the title and possession of 6.72 acres of land. He specially pleaded:

"Defendant F. L. Luckel owned said land in fee simple under a record title, and had owned the same for several months, owning and claiming under a purchase from Gus Davis, who had owned the title to such property by limitation for many, many years. The plaintiffs L. A. Sessums, S. A. Guiberson, Jr., and Guiberson Oil Company entered upon such property on January 1, 1932, and ousted this defendant therefrom and continue to withhold the possession thereof from this defendant to his damage in the sum of $5,000.00."

L. A. Sessums and the Guiberson Oil Company answered the cross-action and pleaded not guilty.

L. A. Sessums offered in evidence a patent from the state of Texas to Wm. Robinson; a deed from J. R. Castleberry to Tom Thomas, and deeds respectively from Tom Thomas to Gus Davis; a deed from Gus Davis and wife to J. G. McGrede; a deed from Gus Davis and wife to J. D. Davis; oil and gas lease from J. G. McGrede to B. A. Skipper; mineral deed from J. G. McGrede to L. A. Sessums of 1/2 interest in the minerals; mineral deed from L. A. Sessums to S. A. Guiberson, Jr., of 1/8 interest in the...