Barrow Shaver Resources Company LLC, Kathryn M. Dawson, and Michael Ray Hill v. NETX Acquisitions, LLC, and Thomas C. Merritt, Trustee

• Court: Court of Appeals of Texas
• Decided: August 13, 2021
• Docket: 06-20-00081-CV
• Status: Published

Opinion

Court of Appeals Sixth Appellate District of Texas

JUDGMENT

Barrow Shaver Resources Company LLC, Appeal from the 5th District Court of Cass Kathryn M. Dawson, and Michael Ray Hill, County, Texas (Tr. Ct. No. 19C090). Appellants Memorandum Opinion delivered by Justice Burgess, Chief Justice Morriss and Justice No. 06-20-00081-CV v. Stevens participating.

NETX Acquisitions, LLC, and Thomas C. Merritt, Trustee, Appellees

As stated in the Court’s opinion of this date, we find reversible error in the judgment of the court below. Therefore, we reverse the judgment of the trial court and enter judgment that Kathryn M. Dawson and Michael Ray Hill, as the successors-in-interest to Jamie T. Dawson and James E. Hill, jointly own an undivided seven-eighths interest in the mineral estate in and under the 181-acre tract, subject to any outstanding oil, gas, and mineral leases executed by them, and that Thomas C. Merritt, trustee, as successor-in-interest to John L. and Treba Juanita Stone, owns the entire surface estate and an undivided one-eighth interest in the mineral estate in and under the 181-acre tract, subject to any outstanding oil, gas, and mineral lease executed by him. We further order that the appellees, NETX Acquisitions, LLC, and Thomas C. Merritt, Trustee, pay all costs of this appeal.

RENDERED AUGUST 13, 2021 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk