Gulf Oil Corp. v. Smith

BAUGH, Justice.

This is a Rule 37 case. The permit involved, dated November 23, 1937, was for a fifth well on a 3.45-acre lease owned by Smith in the fairway of the East Texas field. It was applied for, as an exception to Rule 37, to prevent confiscation of Smith’s property, and granted on that ground. The Gulf, owner of an adjoining leasehold, sued to set it aside. Trial was to a jury, but at the close of plaintiff’s evidence, upon motion made, the court withdrew the case from the jury and rendered judgment .for defendants upholding the permit; hence this appeal.

The first question presented…