I dissent. I can not conceive of any way that the appellees can acquire title to the mineral interest in the land involved in this lawsuit when some of said minerals have been severed from the surface. There are several mineral deeds executed on the 8.83 acres of land on and after September 1, 1934. Appellant holds leases to such mineral interest.
The deed from W. M. Squires and wife to S. T. Buie, one of the appellees herein, did not describe the 8.83 acres of land conveyed by W. Hamp Jones to Port Bolivar Iron Ore Railway Company. There is no evidence in the record of the fact that such acreage was a part of the land described in appellees’ petition, nor in the order granting the injunction. S. T. Buie admitted in the trial that he only claimed the land in the Martin survey that was conveyed to him in the Squires deed.
S. T. Buie and wife, Blanch Buie, executed a Ratification Instrument to Magnolia Petroleum Company on the 27th day of December, 1943. In such instrument, they admitted that they did not own the 8.83 acres of land involved in this case. I am afraid they are estopped by this Ratification Instrument from claiming the property by adverse possession. They would be estopped by the instrument to claim the property by adverse possession against anyone purchasing the same. Snyder et al. v. Magnolia Petroleum Co. et al., Tex.Civ.App., 107 S.W.2d 603, err. dismissed; Hamilton v. Hamilton, 154 Tex. 511, 280 S.W.2d 588; 31 C.J.S. Estoppel §§ 55, 60, pp. 231, 242.
I would reverse the judgment of the trial court.