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MARTIN v. TEXAS GULF PRODUCING CO., ET AL.

No. 39535.

223 Miss. 872 (1955)

79 So.2d 270

MARTIN v. TEXAS GULF PRODUCING CO., et al.

Supreme Court of Mississippi.

April 11, 1955.

Attorney(s) appearing for the Case

Green, Green & Cheney, Jackson, for appellant.

Bernard Chill, Jackson, for appellee, Texas Gulf Producing Company.

Wells, Thomas & Wells, Jackson; W.B. Wagner, Murray Christian, Houston, Texas, for appellee, The Superior Oil Company.

Robert O. Koch, Clyde E. Willbern, Houston, Texas; Wells, Thomas & Wells, Jackson, for appellee, Tide Water Associated Oil Company; Earl A. Brown, Charles A. Wallace, Dallas, Texas; Brunini, Everett, Grantham & Quin, Jackson, for appellee, Magnolia Petroleum Company; J.W. Timmins, Martin A. Row, Leo J. Hoffman, Dallas, Texas; Walter L. Shows, Jackson; Armstrong & Hoffman, Hazlehurst, for appellee, Sun Oil Company; Joe A. Thompson, M.M. Roberts, Hattiesburg, for appellee, Humble Oil & Refining Company.

Hedgepeth, Ewing & Hedgepeth, Satterfield, Shell, Williams & Buford, Harvey L. Strayham and James A. Boone, Jackson; Archie D. Gray, Pittsburgh, Pennsylvania, for Gulf Refining Company, Amicus Curiae.

ROBERDS, P.J.

On November 15, 1939, J.E. Thrift, Jr., acquired an oil and gas lease on certain lands located in Jefferson Davis County, Mississippi. The lease was for a primary term of ten years, to be annually renewed by rental payments or the drilling of a gas or oil well on the leased premises. Title to this lease became vested in Texas Gulf Producing Company. Default was made in annual rental payments, but the lands...

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