Cowden v. Texas Development Co.

FOSTER, Circuit Judge.

Appellants brought this suit to cancel a mineral lease covering a large tract of land in block X, Crane county, Tex., alleging failure on the part of defendants to use due diligence to explore and develop the land for oil and other minerals. The bill prayed for cancellation of the lease and, in the alternative, for specific performance and for general relief. The answer denied that defendants were in default in developing the lease. A decree was rendered dismissing the bill. This appeal followed.

There is no dispute as to the law and very little as to the concrete facts.…