Potter v. Humble Oil & Refining Co.

BLAIR, Justice.

This is a Rule 37 case. The Commission granted a permit to drill a fourth well on appellants’ 2.21-acre tract of land in Gregg County, Texas, “to prevent confiscation of property.” The trial court cancelled the permit and enjoined the production of oil from the well. Appellants seek to set aside the judgment upon two grounds:

1. “Because appellee’s evidence was insufficient to overcome the prima facie validity of the permit.”

2. “Because appellee’s evidence was insufficient to show that» appellee was or would be injured or damaged by the drilling and operation of the well.”

Neither…