BUTLER v. BAZEMORE

No. 18732.

303 F.2d 188 (1962)

J. R. BUTLER, Appellant, v. Garvis I. BAZEMORE, C. T. Ruffin and Goodwyn H. Harris, Jr., Appellees.

United States Court of Appeals Fifth Circuit.

May 9, 1962.


Attorney(s) appearing for the Case

Marlin Risinger, Jr., Shreveport, La., for appellant.

Gordon B. Golsam, Jr., Howard E. Spann, Mansfield, La., for appellees.

Before TUTTLE, Chief Judge, and HUTCHESON, RIVES, CAMERON, JONES, BROWN, WISDOM, GEWIN, and BELL, Circuit Judges, en Banc.


WISDOM, Circuit Judge.

This action, as the court below observed, "is the inevitable result" of Bazemore v. Whittington, 5 Cir., 1957, 245 F.2d 943.

A Louisiana landowner executed a lease purporting to cover the full mineral interest. At the time, the land was burdened with a mineral servitude covering one-half of the oil and gas interest. During the term of the lease and while the lessor owned the land, the servitude was extinguished...

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