Lemar v. Garner

Mr. Judge SHARP

of the Commission of Appeals delivered the opinion for the court.

We adopt the statement of the nature and result of this ■case made by the Court of Civil Appeals in its opinion as follows:

“G. S. White et ah, the then owners of the soil, on November 30, 1923, executed a ten-year mineral lease on the west half of section 112, block 11, H. & G. N. Railway Company lands in Pecos county, Texas, to John Sealy and others, as trustees for the Magnolia Petroleum Company, with undivided delay rental-at 25 cents per acre and a one-eighth oil and gas royalty reserved.

“On October 9, 1925,…