Fox v. Feltz

MEANS, Presiding Judge.

Plaintiffs, as owners of the surface interest and an undivided one-half mineral interest, brought this action to cancel an instrument styled “Royalty Deed” for nonproduction of oil and gas. Defendants, owners of one-fourth of what they refer to as the royalty interest, asserted that production from a well in a drilling and spacing unit was sufficient to meet the terms of the instrument. Both parties moved for summary judgment, and defendants’ motion was granted. Having reviewed the record and applicable law, we affirm.

The facts are not in dispute. This case concerns the…