Atlantic Refining Co. v. Railroad Commission of Texas

ARCHER, Chief Justice.

This is a Rule 37 case. Special exceptions to plaintiffs’ [appellants’] petition were sustained by the 98th District Court of Travis County and, appellants having declined to amend their petition, the cause was dismissed.

The appeal is founded on three points, the first two are directed to the proposition that since appellees’ tract of less than one acre contained gas reserves of a value of $5,000 and that the cost to drill a well was not less than $160,000, to produce the gas reserves, the Court erred in holding that appellees had a property interest that should be…