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Casey v. Western Oil & Gas, Inc.

Court of Civil Appeals of Texas, Eleventh District, Eastland

December 18, 1980

No. 5534

Opinion

 [*677]  The controlling question is whether a 1929 oil and gas lease terminated when production ceased for two months in 1977.

Plaintiffs, H. R. Casey and others who own or claim surface and mineral rights in an 80 acre tract, sued Western Oil and Gas, Inc. Plaintiffs asked that Western's oil and gas lease "be declared terminated." Following a nonjury trial, judgment was rendered  [*678]  on May 29, 1980, that Plaintiffs take nothing and declaring that Western's oil and gas lease is in full force and effect. Plaintiffs appeal. We affirm.

The trial judge made the following findings of fact and conclusions of law pursuant to Tex.R.Civ.P. 296:

FINDINGS OF FACT

(1) On or about the 16th day of March, 1929, S. A. Casey, et al executed an Oil and Gas Lease to W. T. Garrett, et al on approximately 80 acres of land located in Eastland County, Texas, by instrument dated March 16, 1929 and recorded in Volume 301, Page 231 of the Deed Records [**2]  of Eastland County, Texas.

(2) On or about the 1st day of October, 1975, H. J. Blakley, et ux assigned the above described Oil and Gas Lease to Western Oil and Gas, Inc. in an instrument dated October 1, 1975 and recorded in Volume 633, Page 281 of the Deed Records of Eastland County, Texas.

(3) Western Oil and Gas, Inc. produced the above described Oil and Gas Lease from October 1, 1975 until the last day of October 1977.

(4) Western Oil and Gas, Inc. did not produce the above described Oil and Gas Lease in November and December of 1977, all of 1978, and from January to October of 1979.

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611 S.W.2d 676 *; 1980 Tex. App. LEXIS 4245 **; 69 Oil & Gas Rep. 304

H. R. Casey, Et Al., Appellants v. Western Oil and Gas, Inc., Appellee

Subsequent History:  [**1]  Rehearing Denied February 5, 1981.

Prior History: Appeal from Eastland County

CORE TERMS

oil and gas lease, lease, trial court, Records, terminated, cessation, fact finding, Producers, temporary

Contracts Law, Types of Contracts, Lease Agreements, General Overview, Energy & Utilities Law, Federal Oil & Gas Leases, Extensions & Terminations, Abandonment & Termination, Leases & Licenses, Forfeiture Clauses, Royalties, Leasehold Royalty Clauses, Real Property Law, Estates, Present Estates, Fee Simple Estates, Civil Procedure, Trials, Bench Trials, Responses, Defenses, Demurrers & Objections, Appeals, Standards of Review