HALL, Justice.
Appellees instituted this suit in the district court of Jack County, Texas, to cancel for non-development 40 acres out of a certain oil and gas lease containing 168.6 acres situated in said County, which they executed to appellant.
Trial was to the court which rendered judgment for appellees.
Before discussing appellant's points of error we will dispose of appellees' motion to dismiss appellant's appeal, submitted upon the theory that...
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