Texas Civil Court of Appeals
756 S.W.2d 736 (Tex. App. 1988)
Dorothy London (defendant) owned two adjacent tracts of land. She owned a three-sixteenth royalty on the eastern tract and a one-eighth royalty on the western tract. She held the executive right on both tracts. The Merrimans (plaintiffs) owned a nonparticipating one-sixteenth royalty on the western tract. London leased both tracts in a single oil and gas lease. The lease contained a pooling clause. The eastern tract produced gas, but there were no wells built on the western tract. On July 14, 1983, the Merrimans sought, and by order of the Texas Railroad Commission (Commission), obtained pooling of their royalty interests with London’s. This pooling allowed them to share in the royalties from the eastern tract beginning March 7, 1984, the date of the Commission’s order. The Merrimans then brought suit based on the Commission’s order to obtain a share in the royalties that were accrued before the order was issued. The trial court held in favor of the Merrimans, finding that their bringing suit before the Commission ratified the lease and made them a party to it. London appealed.
Rule of Law
Holding and Reasoning (Nye, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 217,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.