Stroud Production, L.L.C. v. Hosford

I respectfully dissent. This a case of first impression regarding the lessee’s intentional wash-out of overriding royalty owners’ interests in two oil and gas leases in Galveston County, Texas (the “Bowers and Gordon Leases” or “the B & G Leases”) in the absence of a surrender clause or release permitting the lessee to terminate the Lease at will and despite provisions in the Leases treating the lessee’s actions as breach of the rights of the overriding royalty interest owners. I would hold that appellants, Stroud Production, L.L.C. (“Stroud Production”), Plantation Petroleum Corporation…