Cosden Oil Co. v. Scarborough

HUTCHESON, Circuit Judge.

rni . . _ n f us is an appeal from a decree finding a-ppellant, defendant below, m default m the performance of implied covenants to prosecute with reasonable diligence the development for oil and gas of a tract of 400 acres of land, assigned to it by the lessee of a tract of 10,254 acres, and directing, upon pam of cancellaaon, that it pi oceed on terms fixed m the decree to drill at least one well thereon.

Appellant complains of ^ the decree as without evidence to support it. It contends that the evidence shows that the lands held by it are part of an indivisible…