The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-04-02
A SUIT FOR OIL LAND.
Valuable Strip in The Beaumont Oil
Field Is ia Litigation.
An INJUNCTION HAS BEEN GRANTED
To Prevent Captsin Lucas Boring for Oil
Until the Title to the Land Has
Been Adiudieated.

Beaumont Texas, April Ia suit was
fled IN the district court this morning
relatAe to land deal which has been a
subject for discussion among the oil men
here for several days past. The plaintiffs
are Roberts & Corley and II, l.. Fagln.
and the defendants are w. +. II. Nc.
Faddin. " wiess. w, W. Kyle and Cap.
tain A. f. Lucas The suit Is to try title,
for damages aud to enforce specific per.
Torrance OF contract ms to the nrst three
defendants and ms TO Captain Lucas Is
an Injunction restraining him from enter.
ing upon said land In question. The story
OF the deal in question as told III the petit.
ton of plaintiffs Is too long TO quote en-.
tirely and the following is the substance;
On March %, 1901, the plaintiffs entered
into contract In writing with the de-
PENDANTS In which for and In consideration
Of 5000 cash paid to defendants bv
plaintiffs the defendants agreed To furnish
to the plaintiffs good and sufficient war,
ranty deed 10 blocks &. 10 and 20 of the
subdivision OF the John M Veatch league,
known AS spindle Top Heights, and upon
the delivery of this deed the plaintiffs fur
ther agreed to pay TO the defendants the
further sum of $4,000, making n total
consideration OF S171OO for the laud in
question which contains twenty seven
acres, When this contract was entered
Into by plaintiffs II was understood that
the land was purchased solely on account
of OIL and mineral rights contained therein
and they would not have given the sum
whatsoever for the land except Tor the oil
and mineral deposits. The purchase was
made la good faith by the plaintiffs and
they had no knowledge Of ahy sort that
any instrument Of conveyance TO any part
of the land or any mineral rights thereon
had been made. hut II seems that such
was the case. On March " an oil well
was discovered on property near the land
referred to In the suit aud on that day
defendants came 10 the plaintiffs and told
them that the oil rights on the land which
captain Lucas bS a former owucr Guy
w. Jnnkcr, and that decd could not
be made to the land. Plaintiffs then ten
dered the remaining sum Of Slo0Q 60 the
defendants In compliance with the con
tract but defendants refused 10 accept
II ana sun refuse 10 accept 1t, or tu make
a good md sufficient deed as agreed Ia
the contract. The petition alleges further
that the lease referred 70 was made on
August 30. 1900, between Guy " .mnkrr
ana Captain Lucas, but u was Of no
force because II 10 too general and vague
aud was made without consideration.
The plaintiffs further allcge that since
the making of this contract that this land,
by reason OF another oil gushcr being
found. is worth considerable moro than It
was and that ihcy have been damaged
clnimed, is now worth SsI 600 With the OH
rights,
rhe petition alleges M to Capialn Lucns
that nc Is now preparing to enter upon
sniI land for the purpose of dHllng. lay
ing pipe lines, devastnE the land aud re
moving thcrcfrom the valuable deposits
of oil and minerals and prays that tenn
porary Injunction iSsue ia restrain him
from dolng this pending a settlement OF
the suit, The injunction petition WAS
presented TO Judge e. u Ashc of the Ilar-
rls county district court on March % and
he thereupon, in chambers, granted the In
junction.
The petition then prays that court do
cree specific performance Of contract
and that title be vested IN plaintiffs,
Plaintiffs tender the court 81, 500. which
thev request the court to distribute, MS
II deems just. To the defendants In this
case. Or II In error In this prayer. they
pray that defendants he required TO Rive
title under the pretended lease aud 10 rate
the land M a vnluc of $50 per acre and
they be given tl,lc to the land and share
in the one-tcnth ROYALTY of all oil nr min.
erals found on the nnd Besides these
prayers. there are several others which
are included. provided the others are In
error.