Railroad Commission v. Magnolia Petroleum Co.

BLAIR, Justice.

Rule 37 case. The Commission granted the application of appellants Akin and Espy for a permit to drill a second well on their 3%-acre lease in the Cadena Survey, Rusk County,’Texas, upon the ground that the well was necessary to prevent waste and to prevent confiscation of oil. Appellees, Ohio Oil Company and Magnolia Petroleum Company, owners of adjoining leases, appealed from the order upon the ground that the second well was not necessary to prevent waste or confiscation. The de novo trial to the court without a jury resulted in judgment cancelling the permit and enjoining…