Thaxton v. Beard

Berry, Chief Justice:

The appellants, Otis R. Thaxton and Frances R. Thaxton, appeal from a final order of the Circuit Court of Kanawha County entered on October 11, 1972, wherein the court rejected the appellants’ claim that they were entitled to a full royalty on their interest in a gas well drilled on their land in which they owned a l/8th interest in the oil and gas. The court held that the appellants were only entitled to a royalty of l/8th of l/8th of 50.5/250 of the production of the well; the 50.5/250 being the ratio of the appellants’ land to a larger tract included in a unitization…