Wilson v. Mitchell

Opinion op the Court by

Judge Rees —

Reversing.

The appellees, J. B. Ferrin and Alice T. Payton, are the joint owners of a 97-acre tract of land in Hart county. On July 17, 1930, they executed and delivered to B. F. Wilson an oil and gas lease on their farm which provided that the lease should remain in force for a term of five years from its date and as long thereafter as oil and gas or either of them should be produced from the leased' premises by the lessee. The lessors were to receive one-eighth of all the oil and gas produced. The lease also contained these provisions:

“If no well be…