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CONE v. AMOCO PRODUCTION COMPANY

No. 9929.

532 P.2d 590 (1975)

87 N.M. 294

Gordon M. CONE and Kathleen Cone, Plaintiffs-Appellants, Jewel McFarland, Involuntary Plaintiff-Appellant, v. AMOCO PRODUCTION COMPANY et al., Defendants-Appellees.

Supreme Court of New Mexico.

February 21, 1975.

Attorney(s) appearing for the Case

Montgomery, Federici, Andrews, Hannahs & Buell, Santa Fe, Heidel, Samberson, Gallini & Williams, Ward & Humphrey, Lovington, Mays, Moore, Dickson & Roberts, Sweetwater, Tex., for plaintiffs-appellants.

Atwood, Malone, Mann & Cooter, Paul A. Cooter, Roswell, for defendants-appellees.

OPINION

MONTOYA, Justice.

This is an appeal from a judgment of the District Court in Lea County in favor of the defendants.

The facts pertinent to this appeal are as follows. On August 3, 1965, plaintiff Jewel McFarland owned all the oil, gas and other minerals underlying the W-1/2 E-1/2 Section 18, Township 9 South, Range 36 East, N.M.P.M., Lea County, New Mexico (hereinafter referred to as the Cone lease). On that date she leased the land, and...

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