EVANS v. MILLS

No. 7075.

67 F.2d 840 (1933)

EVANS et al. v. MILLS et ux.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1934.


Attorney(s) appearing for the Case

Cary McClure Abney, of Marshall, Tex., and T. A. Bath, of Henderson, Tex., for appellants.

J. W. McDavid and W. M. Futch, both of Henderson, Tex., and E. P. Price, of Tyler, Tex., for appellees.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

Joe Mills and Mary Mills, his wife, own and occupy as their homestead forty-five acres of land in Rusk county, Tex., community property of their marriage. On July 28, 1930, they executed a standard oil and gas "unless" lease [Gulf Production Co. v. Continental Oil Co. (Tex. Civ. App.) 61 S.W.2d 185, 186] on the tract, for a primary term of ten years, and as long thereafter as oil or gas is produced by the lessee, providing for a money rental...

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