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PARTEN v. CANNON

No. 10-91-106-CV.

829 S.W.2d 327 (1992)

J.R. PARTEN, et aL, Appellants, v. Ernest H. CANNON, et aL, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Denied May 13, 1992.

Attorney(s) appearing for the Case

Jesse R. Pierce and Thomas H. Lee, Porter & Clements, Houston, Otis W. Carroll and Donald Carroll, Ireland, Carroll & Kelly, P.C., Tyler, for appellants.

B. Lee Ware, Vinson & Elkins, Frank W. Mitchell, Houston, for appellees.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

CUMMINGS, Justice.

The Partens sought a declaratory judgment that an oil and gas lease, executed in 1976 on a 658.62-acre tract of land owned by the Cannons, remained effective past the five-year primary term. The Cannons counterclaimed, alleging that the lease had terminated according to its own terms because the Partens failed to file with the Madison County Clerk a written description of the portions of the lease held by producing wells at the...

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