Shell Petroleum Corp. v. Liberty Gravel & Sand Co.

WALKER, Chief Justice.

Under its gravel and sand lease covering 95.S acres of land, part of the Hugh B. Johnston survey in Liberty County, ap-pellee, Liberty Gravel & Sand Company, Inc., “mined” from the land and stored on it more than 4000 cubic yards of building sand. Appellant, Shell Petroleum Corporation, owned a mineral lease on this •land senior to appellee’s gravel and sand lease, of which appellee had both actual •and constructive notice; the gravel and sand lease contained the following express provisions: “It is further agreed and understood by and between the parties hereto that…