Altgelt v. Texas Co.

BAUGH, Justice.

This is a rule 37 case. On December 17, 1935, the Railroad Commission granted to M. D. Altgelt, receiver, as an exception to rule 37, and over the protest of appellee, a permit to drill an oil well on two-tenths of an acre of land out of the Carlton survey in the East Texas oil field in Gregg county. The Texas Company thereupon filed this suit against Altgelt and the Railroad Commission to set aside said order on the grounds, among others, that the location of the well granted was within the boundaries of a lease owned by said company; that if not, said tract was a voluntary…