Moore v. Vines

McGEE, Justice.

I respectfully dissent.

In addition to the facts relied upon by the majority, one other fact is significant. *441It was stipulated by the parties that a prior oil and gas lease was executed by Troy C. Vines and wife, Ruby Vines, to Fred Herschback, dated March 12, 1943. The record reflects that the land was from 1943 until the death of Ruby Vines under an oil and gas lease. Hence it was clearly the intent of both Troy and Ruby Vines to procure production from the land almost from the time of its acquisition in 1941. Their intention was not merely to lease the land for oil and gas,…