Amarillo Oil Co. v. Energy-Agri Products, Inc.

Plaintiff below appeals from a take-nothing judgment, based upon a jury verdict, in its suit to quiet title to the natural gas in the Brown Dolomite formation underlying a lease it owned in Carson County, from which it and its predecessor had been producing gas for more than thirty years. We will dismiss the case for the reasons now to be stated.

Overview of the Litigation

In 1952, Myrla Hodges executed an oil and gas lease to H.B. Howze; defendant acquired the right to produce the oil and casinghead gasoline from the tract by a “farmout” from Kimberlin, associated with Howze in the original…