Overton Refining Co. v. F. W. Merrick, Inc.

BAUGH, Justice.

This is a Rule 37 case. It is the third time this same well and same tract of land, has been before this court for review. Originally we held that the well was not authorized as an exception to the rule either to prevent confiscation or to prevent waste. While the motion for rehearing on the first appeal was pending, the Supreme Court announced its decision in Gulf Land Company v. Atlantic Refining Company, 134 Tex. 59, 131 S.W.2d 73, and we then confined our decision to the issue of confiscation only. See Ward Oil Corporation v. Overton Refining Company, Tex.Civ. App., 131…