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Manziel v. Railroad Commission

197 S.W.2d 490, 1946 Tex. App. LEXIS 733
CourtCourt of Appeals of Texas
DecidedOctober 30, 1946
DocketNo. 9580
StatusPublished
Cited by17 cases

This text of 197 S.W.2d 490 (Manziel v. Railroad Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manziel v. Railroad Commission, 197 S.W.2d 490, 1946 Tex. App. LEXIS 733 (Tex. Ct. App. 1946).

Opinion

McCLENDON, Chief Justice.

Rule 37 case. The appeal is from a final judgment in a suit seeking to set aside an order of the Commission (Railroad Commission of Texas), which denied an application of Manziel for a permit to drill an oil well on lot 13 of the Resse Addition to the town of Hawkins, as an exception to Spacing Rule 37. The sole issue in the case is whether the ownership of lot 13 was segregated from lots 11 and 12 in said addition (upon which there was already an oil well) subsequently to the severance of the mineral title; which question turns upon whether the fee to a 20 foot strip between lots 12 and 13 passed to R. B. Mc-Clenny as grantee under a deed executed by W. R. Parrish on October 21, 1913, conveying: “Lots Nos. 11, 12 & 13 in Reese Addition Hawkins Texas each lot being 75 feet by 170 feet; as shown by map of same, a copy of which is recorded in Deed Records of Wood County, Texas.” If the fee to the strip did not pass, but remained in Parrish, lot 13 would be entitled, as a matter of law, to one well to prevent confiscation of property. If the fee passed to Parrish’s grantee lot 13 would not be entitled to a well, since lots 11, 12 and 13 would constitute a single tract for development purposes, and the prior well on lots 11 and 12 was all the three lots taken together would be entitled to. The suit was by Manziel against the Commission. The Humble (Humble Oil & Refining Company) owner of an adjacent leasehold, intervened as party defendant. The trial was to the court, the judgment denied recovery, and Manziel has appealed.

The controlling facts, which are without dispute, follow: May 23, 1912, L. H. Reese and wife deeded to W. R. Parrish a tract of land 162 varas N-S by 456 varas E-W, excepting therefrom a tract in its S E corner 164 feet E-W by 265 feet N-S. This deed was filed for record in Wood county June 12, 1912, at 2:00 o’clock p. m. The same day and hour there was also filed for record a map or plat of “Reese Addition Hawkins Texas.” It was shown, without controversy, that this map covered the entire tract conveyed in the Reese to Parrish deed, the excepted 164x265 feet (known as the Colored Baptist Church lot) being left entirely blank, the W line of which was coincident with the E line of lot 13, Reese Addition. It was also shown that the original Hawkins townsite was bounded on the north by the Brown Addition, north of and adjoining which was the [492]*492Reese Addition. Following is a photostatic copy of the recorded Reese Addition map, with the superimposed: lettering and church lot

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Bluebook (online)
197 S.W.2d 490, 1946 Tex. App. LEXIS 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manziel-v-railroad-commission-texapp-1946.