Yelderman v. McCarthy

COLEMAN, Justice.

This is a suit to recover royalties alleged to be due under the terms of an oil and gas lease and to recover damages to the surface estate caused by the operation of the leasehold owner. The case was tried to the court without a jury, and resulted in a judgment that the plaintiffs take nothing.

The principal issue involved is the validity of a gas unit created under the authority of the unitization provision contained in an oil and gas lease dated September 20, 1965, whereby Dr. Yelderman and his wife leased their ¾ mineral interest in a 225.24 acre tract of land out of the H.…