McElvain v. Texas Co.

WALKER, Justice.

Theodore F. Koch made an oil and gas lease to Thomas J. Baten on February 27, 1934, which covered a number of lots and tracts of land totaling 948.31 acres. It is apparent that the tracts leased did not join so as to form a single body of land. In this lease the lessor reserved ⅛⅛ royalties on oil and gas and also reserved royalties on other minerals. The lease does not contain an “entirety clause” like that discussed in Thomas Gilcrease Foundation v. Stanolind Oil & Gas Co., Tex., 266 S.W.2d 850, nor does it contain any provision directing how royalties shall be paid if…