Pelican Oil & Gas Co. v. Edson Petroleum Co.

WILLIAMS, Justice.

In this trespass to try title action, lessors Monroe Stone and wife, Minnie, the common source of title, on July 11, 1935, executed an oil and gas lease to appellant, Pelican Oil & Gas Company, plaintiff below, covering fifty acres of land, their homestead, out of the John Hanks Survey in Marion County. Lessors maintain that they handed the lease with draft attached to the notary who took the acknowledgment with the intention and understanding that the lease and its delivery would not become effective unless the consideration was deposited to their credit in the Rogers…