Day & Co., Inc. v. Texland Petroleum, Inc.

OPINION ON MOTION FOR REHEARING

PHILLIPS, Chief Justice.

We grant the motion for rehearing of Texland Petroleum, Inc., withdraw our opinions and judgment of July 12, 1989, and substitute the following.

This is an appeal from a declaratory judgment establishing the validity of a mineral lease on an eighty acre tract of land and the ownership of the executive rights in a ten acre subtract. The court of appeals affirmed the summary judgment of the trial court, holding (1) that the lease assigned to Texland Petroleum, Inc. (hereinafter “Texland”) was valid as to the eighty mineral acres, and (2)…