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COX v. DAVISON

Nos. A-10612, A-10613.

397 S.W.2d 200 (1965)

Elizabeth L. COX and Jake L. Hamon, Petitioners, v. Leland DAVISON et al., Respondents. Jake L. HAMON et al. v. Leland DAVISON et al.

Supreme Court of Texas.

Rehearing Denied December 8, 1965.

Attorney(s) appearing for the Case

Stubbeman, McRae, Sealy & Laughlin, W. B. Browder, Jr., Midland, for petitioners.

Frank C. Ashby, Garland Casebier, Mid-land, for respondents.

NORVELL, Justice.

The Texas rule is that a cotenant who produces minerals from common property without having secured the consent of his cotenants is accountable to them on the basis of the value of the minerals taken less the necessary and reasonable cost of producing and marketing the same. Burnham v. Hardy Oil Co., 147 S.W. 330 (Tex. Civ.App., 1912), affirmed, 108 Tex. 555, 195 S.W. 1139 (1917); Stroud v. Guffey, 3 S.W.2d 592 (Tex.Civ.App., 1927), affirmed, 16...

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