CLIFTON v. KOONTZ

No. A-6555.

325 S.W.2d 684 (1959)

Lillie M. CLIFTON et al., Petitioners, v. R. W. KOONTZ et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 29, 1959.


Attorney(s) appearing for the Case

Rogers, Eggers & Sherrill, by Guy Rogers, Wichita Falls, for petitioners.

Nelson, Montgomery, Robertson & Sellers, Robert K. Pace, with above firm, Wichita Falls, Charles B. Wallace, Dallas, for respondent Magnolia Petroleum Co.

Gilbert P. Howard, Dallas, Woodruff & Woodruff, Decatur, for respondent R. W. Koontz.


SMITH, Justice.

This suit brought by petitioners, Lillie M. Clifton, individually and as executrix of the estate of her husband, J. H. Clifton, deceased, et al., seeks the cancellation of an oil, gas, and mineral lease on the theory that after the expiration of its ten-year primary term, the lease terminated due to cessation of production.

In the alternative, and only in the event the Court should find that production had not ceased, petitioners sought cancellation...

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