Stantex Petroleum Co. v. Gulf Oil Corp.

WALKER, Chief Justice.

This is a Rule 37 case; see Gulf Land Co. v. Atlantic Refining Co., 134 Tex. 59, 131 5.W.2d 73, for statement of the rule.

“To prevent confiscation of property,” on the 23rd day of November, 1937, the Railroad Commission granted to appellant, Stantex Petroleum Company, a permit to drill a seventh well on its 11.26 acre lease in the fairway of the East Texas oil field. Under provisions of Sec. 8 of Art. 6049c. Vernon’s Ann.Civ.St, appellee, as plaintiff, instituted this suit against appellant and the Railroad Commission to cancel the permit and to enjoin the drilling of…