Wintermann v. McDonald

SHARP, Justice.

The following language was used in the original opinion in this case: “That both surveyed and unsurveyed school lands situated within five miles of a producing oil or gas well are not subject to sale, but are subject to lease only.”

In order that there may be no confusion in applying the rule announced in the opinion, we here state that part of section 5 of H. B. No. 358 (Acts 1931, c. 271 [Vernon’s Ann.Civ.St. art. 5421c, § 5]) is not involved in this case. That part reads: “Any headright survey, homestead donation, pre-emption survey, scrip survey or other survey heretofore…