Railroad Commission v. Magnolia Petroleum Co.

McCLENDON, Chief Justice.

This is a rule 37 case. The appeal is from, a final judgment setting aside an order of the Commission which granted to Greer a permit to drill a well upon the Herman Castleberry .86-acre tract in the East Texas oil field as an exception to rule 37, “to prevent confiscation of property.” The judgment also enjoined production from the well and ordered it plugged.

The .86-acre tract is located in the S. E. corner of the Tommie Christian 25-acre tract and is bounded on the E. and S. by ■the Acey Christian 62-acre tract. The situation of thfesé tracts and the oil…