Shell Oil Co. v. Turnbow, 5664.

• Decision Date: 05 July 1940
• Docket Number: No. 5664.,5664.
• Citation: 142 S.W.2d 559
• Parties: SHELL OIL CO., Inc., et al. v. TURNBOW et al.
• Court: Texas Court of Appeals

142 S.W.2d 559

SHELL OIL CO., Inc., et al. v. TURNBOW et al.

No. 5664.

Court of Civil Appeals of Texas. Texarkana.

July 5, 1940.

Rehearing Denied July 18, 1940.

Appeal from District Court, Gregg County; C. E. McGaw, Judge.

Suit in trespass to try title by W. C. Turnbow against the Shell Oil Company, Inc., and others, wherein the State of Texas intervened. From an interlocutory order appointing a receiver and granting injunctive relief, the Shell Oil Company and others appeal.

Reversed and judgment rendered vacating the receivership and restraining order dissolved.

Walace Hawkins, Roy C. Ledbetter, and J. W. Timmins, all of Dallas, Vinson, Elkins, Weems & Francis, Tarlton Morrow, Barksdale Stevens, R. H. Whilden, W. B. Wagner, J. P. Adoue, Nelson Jones, E. E. Townes, and R. E. Seagler, all of Houston, Florence & Florence and Russell Surles, all of Gilmer, and Bramlette, Levy & Dotson, of Longview, for appellants.

Gerald C. Mann, Atty. Gen., James Noel, Asst. Atty. Gen., and Walter C. Linden, Jr., of Longview, for appellees.

WILLIAMS, Justice.

W. C. Turnbow, claiming the leasehold estate in a strip of land 50×4821 varas, filed this suit on April 4, 1939, in trespass to try title. The State of Texas, the other appellee, claiming the fee title, filed its intervening petition on same date, adopted the allegations of Turnbow and joined him in an application for the appointment of a receiver of this strip.

Upon an ex parte hearing, without notice to any of some forty defendants, the court appointed a receiver of this strip of land with authority to enter upon, take charge of and develop same for oil, and in furtherance thereof restrained the numerous defendants from interfering with the receiver in his operations as such. The receiver forthwith qualified.

This is an appeal perfected by some of the defendants from above interlocutory order entered on April 4, 1939, in which they assert the appointment of the receiver, without notice, under this record, was unauthorized and an abuse of discretion. This is sustained. 53 Cor.Jur. p. 59, § 54. As appellees in their respective briefs make no contention to the contrary, no purpose will be served by detailing appellees' allegations or any of the evidence offered on the ex parte hearing.

It is appellees' position that the questions here involved have become moot and this appeal should be dismissed. This record does not support such a position. In this connection, appellees assert that the respective pleas in abatement filed by J. F. Bland, J. W. Free, Mrs. S. E. Richardson, Mudge Oil Company, Humble Oil & Refining Company, Atlantic Refining Company, Earl P. Halliburton, Inc., and Shell Oil Company, have...