Cockrell v. Texas Gulf Sulphur Company

SMITH, Justice.

I respectfully dissent.

It might be well to state here certain facts which will be helpful in arriving at a clearer understanding of the contention of the parties:

«In 1925 and 1926, Mrs. Ruth Ser-gent executed two ‘unless' mineral leases, one to Mr. Erwin W. Smith, the ■other to Mr. A. R. Miller. Each provided for assignments, in whole .or in part, and contained identical apportionment royalty provisions that each subsequent new land owner would be paid royalty in proportion to his ownership of the whole tract. The primary terms of these leases expired in 1931, but production…