Texon Drilling Co. v. Elliff

NORVELL, Justice.

The Supreme Court reversed our judgment in this cause and remanded the case to this Court. Elliff v. Texon Drilling Company, 210 S.W.2d 558, 563.

The final paragraph of the Supreme Court opinion, containing its instructions to this Court, reads as follows:

“We are therefore of the opinion the Court of Civil Appeals erred in holding that under the law of capture the petitioners cannot recover for the damages resulting from the wrongful drainage of the gas and distillate from beneath their lands. However, we cannot affirm the judgment of the trial court because there is an…