Smith County Oil & Gas Co. v. Humble Oil & Refining Co.

BAUGH, Justice.

This is a rule 37 case. The Smith County Oil & Gas Company owned a lease on 3.66-acre tract of land in Gregg county, 513 feet long east and west, and 313 feet wide north and 'south, on which it had one. producing well approximately in the center of the tract. After refusing a permit for a second well thereon, the commission, on April 18, 1934, granted a permit for a second well, “for the protection of vested rights,” located approximately 96 feet west of its first well. The Humble, owner of an adjacent lease on the north, thereupon filed suit to set aside said permit, on the…