O'Connor Et Ux. v. Delk

TIREY, Justice. This is a partition suit. Plaintiff (appellee here) alleged substantially that he was the owner of an equal undivided one-half of the property sought to be partitioned in fee and the owner of the remaining one-half for life with remainder to his heirs, if any he had, and if not, then to the heirs of Maggie L. Delk according to the law of descent and distribution and that the fourth tract at the time it was conveyed to his parents had outstanding a one-half nonparticipating royalty reservation and that it had been leased for the production of oil and gas. The property to be partitioned consists of five separate tracts of land, each described by metes and bounds (located in Ellis, Dallas and Jones counties) and the petition sets out the interests of all the parties. The holders of the leasehold interest answered that they owned no interest in common with plaintiffs subject to partition. The defendants Teague set up their 1/32nd nonparticipating royalty interest in the fourth tract and asked that in the partition it remain undisturbed. Defendant Joe L. Culbertson made no formal answer but appeared at the hearing and requested that his 1/32nd interest in the royalty be preserved under the entire 165 acres, it being the fourth tract. All of the parties cited by publication appeared by their attorneys and guardian ad litem and made formal answer. The heirs of Maggie L. Delk in being made no formal answer but several appeared in person and participated in the trial. The appellants, one of the six devisees under the will of Maggie L. Delk in being, alleged their contingent interest in the minerals, depending on the happening of certain events, and they prayed for a just and equitable partition and for general relief.