HOUCK v. HOLD OIL CORP.

Nos. 69492, 70460.

867 P.2d 451 (1993)

J.C. HOUCK and Ruth O. Houck, Appellants/Counter-Appellees, v. HOLD OIL CORPORATION, a Florida corporation, Appellee/Counter-Appellant.

Supreme Court of Oklahoma.

December 21, 1993.


Attorney(s) appearing for the Case

William B. Rogers, Tod J. Barrett, William B. Rogers & Associates, Oklahoma City, and Robert L. Briggs and Marc F. Conley, Houston and Klein, Inc., Tulsa, for appellants.

Ronnie May, Gotcher & May, McAlester, for appellee.


LAVENDER, Vice Chief Justice:

FACTS AND PROCEDURAL HISTORY

Appellants/counter-appellees, J.C. Houck and Ruth O. Houck (Houcks) purchased the surface estate to eighty acres of undeveloped lakefront property near Lake Eufaula. The tract was subject to an oil and gas lease subsequently assigned to appellee/counter-appellant, Hold Oil Corporation (Hold).

In March 1982, the Houcks discovered Hold had excavated...

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