Fontenot v. Sun Oil Co.

TATE, Judge.

These proceedings are an aftermath of our decision in Fontenot v. Sunray Mid-Continent Oil Company, La.App., 197 So.2d 715. The trial court had cancelled two mineral leases in their entirety. On appeal, we amended so as to except from the cancellation the plaintiff Fontenot’s mineral interest in two specified sands.

The question at issue in the present proceeding is whether our amendment is also effective as to three overriding royalty owners. The latter had been made defendants in the original proceedings; but they had failed to appeal from the original trial court decree…