Archer County v. Webb

Justice Hamilton,

joined by Justices Smith and Green-hill dissenting on MOTION FOR REHEARING.

The dissenting opinion which was handed down in this cause on June 22, 1960, is withdrawn, and the following is substituted therefor:

I respectfully dissent from the majority opinion in so far as it holds that payment of shut-in gas well royalty did not serve to extend the term royalty beyond its fixed term.

In arriving- at an answer to the above question, it is necessary to construe the royalty deed and the oil and gas lease togethr, because the interest conveyed by the royalty deed is contained in the…