DILLARD v. BALL

No. 5058.

570 S.W.2d 465 (1978)

A. R. DILLARD, Jr., Appellant, v. Glen BALL, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 21, 1978.


Attorney(s) appearing for the Case

Randy J. Hall, Fillmore & Camp, Fort Worth, John D. Moore, Mineral Wells, for appellant.

Elton M. Montgomery, Jennings Montgomery & Dies, Graham, for appellee.


McCLOUD, Chief Justice.

At issue is the liability for damages of a surface lessee who denies the mineral lessee access to the leased property by intentionally locking the entrance gate to the property and not providing the mineral lessee with a key.

The mineral estate and surface estate had been severed prior to the surface lease of the ranch in question. The surface lessee, Glen Ball, on April 11, 1973, entered into a

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