Railroad Commission of Texas v. Wencker

BLAIR, Justice.

This is a Rule 37 case and is the second appeal of it. See Wencker v. Railroad Commission, Tex.Civ.App., 149 S.W.2d 1009, for a map of the land and a stater ment of the facts out of which the controversy arises. The case and this appeal involve the application of Wencker for a permit to drill “Well No. 1” on his 7.8-acre tract at a point 330 feet east of the west end and half way between the north and south lines. The Commission refused the permit because Wencker would not pool or consider in connection with the application his 1-acre tract situated across the public highway…