Tidewater Associated Oil Co. v. J. K. Hughes Oil Co.

HUGHES, Justice.

This is a Rule 37 case. The involved permit is for J. K. Hughes Oil Company Well No. 1 on what is known as the Pomp Mitchell heirs 0.64 acre tract out of the J. S. Caruthers and Mary Van Winkle Surveys in the East Texas oil field in Gregg County, Texas.

The permit was granted by the Railroad Commission as an exception to its spacing Rule No. 37 in order to prevent confiscation and waste.

On appeal to the District Court and in a nonjury trial the permit was sustained.

It is undisputed in the record that the well authorized by the permit was not necessary to prevent waste and…