Gulf Production Co. v. Taylor

HICKMAN, C. J,

I am unable to agree with the holding of the majority that the lease under construction should be construed as a conveyance to the lessee of the entire ownership of all of the oil in -place, and that the provision for royalty on the oil was but an obligation to deliver personal property as a part of the consideration for the lease. The phrase, “⅛ part of the oil saved from that produced,” to my mind cannot be distinguished in meaning and effect from the phrase, “⅛ part of all oil produced and saved.” The latter phrase has been held to except from the grant one-eighth of the oil.…