Getty Oil Company v. Jones

I respectfully dissent.

The mineral lease under which Getty claims is dated January 15, 1948. Jones purchased the 635 acres in question in 1955, long after the execution of the lease. At the time of Jones’ purchase of the surface, there was a well equipped with a rod and beam pumping unit, a tank battery and heater treater on the land. After his purchase, Jones, a cotton farmer, drilled seven water wells for the irrigation of his crops. Initially, between 1956 and 1963, Jones ir*624rigated the land with hand-moved equipment, then later in the same period with power-moved equipment. Still later, in…