Nixon v. Cowan

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

On January 1, 1936, R. T. Cowan, as plaintiff, sued C. L. Nixon and H. A. Stebinger, defendants, in the District Court of Shelby County, Texas, to recover damages alleged to be due him for failure to pay the value of one-eighth of the gas produced and sold from 1145 acres of land located in that county, owned by Pickering Lumber Company, a Delaware corporation. The lease under which Cowan asserted his cause of action was executed by the company to E. L. Chapman in 1931. The apparently conflicting lease conveying the…