Doss Oil Royalty Co. v. Texas Company

This is a suit for cancellation of the undeveloped portions of two producing oil and gas leases, upon which no wells have been drilled for more than 14 years. The principal question for decision is whether, in such a case, the lessor may have cancellation without the burden , of proving that the lessee could have drilled additional wells with a reasonable expectation of profit.

The first lease covered 40 acres, was executed January 13, 1917, and was for a term of five years and as long thereafter as oil or gas is produced in paying quantities. During the years 1920, 1921, and 1922, six…