SUN EXPLORATION AND PRODUCTION CO. v. ROGERS

No. 16191-CA.

451 So.2d 587 (1984)

SUN EXPLORATION AND PRODUCTION COMPANY, et al., Plaintiff-Appellee, v. J.D. ROGERS, et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 30, 1984.


Attorney(s) appearing for the Case

Bethard & Davis by James G. Bethard, Coushatta, for defendants-appellants, Burnis & Charlotte Wilburn.

John W. Wilson, Shreveport, for plaintiff-appellee.

Gamble & Sledge by Jack W. Gamble, Jr., Mansfield, for defendants-appellees, J.D. and Althea M. Rogers.

Before HALL, MARVIN and SEXTON, JJ.


MARVIN, Judge.

This concursus was instituted to resolve a contest over production royalty accruing under an oil and gas lease on 235 acres that was executed by a predecessor in title common to the defendants-contestants, Wilburn and Rogers. Wilburn appeals a judgment decreeing that the royalty should be paid 155/235ths to Rogers and 80/235ths to Wilburn.

Wilburn contends that he should receive the entire royalty because the producing well is located on the...

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