Nash v. Shell Petroleum Corp.

This is a Rule 37 case. The appeal is from at final judgment setting aside a permit to drill an oil well upon a half acre tract in the East Texas oil field.

Title to the tract was segregated by deed conveying the fee simple title to an adjoining tract of 105 acres on November 14, 1929, about a year before the discovery of oil in the East Texas field. Under our holding in No. 8613, Shell Pet. Corp. v. Railroad Commission,116 S.W.2d 439, the voluntary subdivision rule does not apply, and appellants Nash and Turner (holders of the permit) were entitled as a matter of law to drill one well on the…