HILLARD v. STEPHENS

No. 81-231.

637 S.W.2d 581 (1982)

O. Porter HILLARD et al., Appellants, v. J. T. STEPHENS et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied September 13, 1982.


Attorney(s) appearing for the Case

Niblock & Odom by Priscilla Karen Pope and Walter R. Niblock and Putman, Gallman & Dickson by James W. Gallman, Fayetteville, for appellant.

Warner & Smith by Gerald L. Delung and G. Alan Wooten, Fort Smith, for amicus curiae Tenneco Oil Co. and Shell Oil Co.

Ball, Mourton & Adams by E. J. Ball, Fayetteville, and Spence A. Leamons, Fort Smith, for appellees.


MILAS H. HALE, Special Justice.

This case is before the Supreme Court pursuant to Rule 29(1)(n) as it presents issues of first impression regarding gas rights. Appellants, plaintiffs below, the "Hillards," are lessors of seven gas leases in Franklin County, Arkansas. Appellees, "Stephens," are the lessees.

The first lease was executed on or about February 6, 1957, and all of the gas produced from the wells, except that part used, retained and/or purchased...

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