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Click here for the full text of this decision FACTS:Before he became governor of Texas in 1907, T. M. Campbell owned a particular parcel of Gregg County real property which straddled a railroad right-of-way and included the minerals beneath that right-of-way. In 1904, Campbell executed a deed conveying to G. B. Turner the 165 acres of that land lying south of the south boundary line of the railroad right-of-way (the Nettleton tract). Though the deed to Turner did not describe Campbell’s six acres lying within the railroad right-of-way and south of the track centerline (the Campbell tract) central to this case is whether that deed to Turner conveyed not only the Nettleton tract, but also the Campbell tract’s minerals. In 1940, the Texas Supreme Court ruled that the minerals in Campbell’s railroad right-of-way, but north of the track centerline, passed to the grantee of Campbell’s acreage lying north of the right-of-way. Angela Glover, Betty Hoffman and Carman Tucker (the claimants) ultimately succeeded to a fractional mineral interest in the Nettleton tract, while defendants Anadarko and Union Pacific succeeded to a fractional mineral interest in the Campbell tract. Claimants appeal the trial court’s granting the summary judgment motions and pleas to the jurisdiction urged by defendants. HOLDING:Affirmed. Claimants properly brought these claims because they have standing as heirs to the property interests in question and the claims need not have been brought as a trespass to try title suit. The cause of action at issue is a suit for damages due to Union Pacific’s failure to account to claimants and their predecessors for their mineral interests in the Campbell tract. This cause of action clearly is concerned with injuries to property rights and, under the common law, survives the death of the injured party. Also, claimants, as heirs, would ostensibly have their own, nonderivative claim for an accounting. Thus, claimants had standing to sue. While this case concerns royalty interests rather than overriding royalty interests, possession of the property is not at issue. A royalty interest is a nonpossessory interest. Natural Gas Pipeline Co. v. Pool, 124 S.W.3d 188 (Tex. 2003). Claimants are seeking damages for failure to account rather than attempting to gain possession of the Campbell tract. Because this dispute does not concern possession of real property, claimants were not required to bring the action in trespass to try title. By law, because T. M. Campbell did not expressly reserve rights to the minerals under the Campbell tract, they passed to his grantee, claimants’ predecessor. Claimants claim ownership in the right-of-way through the conveyance of a 165-acre tract of land immediately south of the right-of-way. Union Pacific and Anadarko contend T. M. Campbell retained the Campbell tract when he deeded the land to Turner. The court disagrees. Under the strips and gores doctrine, because T. M. Campbell did not expressly reserve the Campbell tract mineral interests, they passed to Turner with the Nettleton tract. Defendants Anadarko and Union Pacific have title to the Campbell tract mineral interests through adverse possession because they and their predecessors in title actually possessed the mineral estate adversely, and though a cotenancy existed in the property, there was constructive notice of repudiation of the cotenancy by long and open mineral production from the property. Estoppel by deed does not apply. The deed must be clear and unambiguous in order for estoppel by deed to apply. The Campbell deed did not describe the Campbell tract, so none could claim it clearly and unambiguously described the Campbell tract interests in dispute. There is no evidence of fraudulent concealment. Limitations bars any claim for an accounting for the production taken from the property before adverse possession title ripened. OPINION:Morriss, CJ.; Morriss, CJ, Ross and Carter, JJ.

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