Holmes v. Delhi-Taylor Oil Corporation

I respectfully dissent. The essential error of the majority opinion is that it writes about the method of drilling when the only issue concerns ownership of land. No one disputes the power of the Railroad Commission to issue drilling permits and to prescribe drilling methods. Peterson v. Grayce Oil Company, Tex.Civ.App., 37 S.W.2d 367, affirmed128 Tex. 550, 98 S.W.2d 781. The issue in this case is not whether sand fracturing is a proper method. We take it that it is highly proper. The issue is not the waste or the conservation of the natural resources. Cf. Corzelius v. Railroad Commission,…