Shell Oil Co. v. Sealy-Smith Foundation ex rel. John Sealy Hospital

JUNELL, Justice.

This is an appeal from an order overruling a plea of privilege filed by appellant *644Shell Oil Company, defendant in the court below, in a suit filed by The Sealy-Smith Foundation for the John Sealy Hospital, alleging underpayment of natural gas royalties under the terms of an oil and gas lease on lands located in Winkler and Ward Counties. In its Second Amended Controverting Affidavit and in this appeal The Foundation asserts proper venue in Galveston County on the basis of Tex.Rev.Civ. Stat.Ann. art. 1995, §§ 23, 27 (Vernon 1964) & § 5 (Vernon 1980). In overruling the plea of…