Ward Oil Corp. v. Overton Refining Co.

McClendon, chief justice.

The appeal in this a Rule 37 case, is from a final judgment upholding a permit to drill a second well upon a tract (called Leadell Pool tract) in the East Texas oil field alleged in the application to contain .26 of an acre. The application stated that the permit was applied for and the order stated that it was granted “to prevent confiscation of property.”

The evidence shows without contradiction that the tract is fully developed by the one well from the viewpoint of recovering the fair share of recoverable oil in place to which it is entitled. The evidence in this…