Murphy v. Dilworth

SMITH, Chief Justice.

On December 29, 1922, A. L. Dilworth owned a certain tract of land in McMullen and Duval Counties, upon which he gave an oil and gas lease in the usual form, to the Humble Oil & Refining Company, for a term of ten years, to expire on December 29, 1932, on which date it actually lapsed, to be succeeded by later leases in like form.

Under the terms of that lease Dilworth conveyed to the lessee seven-eighths of all the oil in place under the land, coupled with the right, and duty, to produce all the oil from thereunder, from which lessee was to retain the seven-eighths and…