Yates Et Ux. v. Gulf Oil Corporation

WALLER, Circuit Judge.

The sole question involved in this case is whether under a lease made in 1924 “for the sole and only purpose of mining and operating for oil, gas, potash, or any other minerals, and of laying of pipe lines and of building of tanks, power stations and structures thereon, to produce, save and take care of said products,” and granting no express privilege to the lessee to go upon the lands for the purpose of making explorations for oil and gas, an heir of the lessor to the soil can prevent lessee from making geophysical explorations by seismographic tests; or, stated…