Evans v. Mills

HUTCHESON, Circuit Judge.

Joe Mills and Mary Mills, his wife, own and occupy as their homestead forty-five acres of land in Rusk county, Tex., community property of their marriage. On July 28, 1930, they executed a standard oil and gas “unless” lease [Gulf Production Co. v. Continental Oil Co. (Tex. Civ. App.) 61 S.W. (2d) 185, 186] on the tract, for a primary term of ten years, and as long thereafter as oil or gas is produced by the lessee, providing for a money rental during the primary term of $47 annually in default of drilling and reserving a one-eighth royalty. Production having been…