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ASHLAND OIL & REFINING COMPANY v. BEAL

No. 15316.

224 F.2d 731 (1955)

ASHLAND OIL & REFINING COMPANY, v. Carlton BEAL.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 12, 1955.

Attorney(s) appearing for the Case

W. B. Browder, Jr., Midland, Tex., Henry Russell, Pecos, Tex., Stubbeman, McRae & Sealy, Midland, Tex., of counsel, for appellant.

D. L. Case, Dallas, Tex., A. W. Walker, Jr., William L. Kerr, Midland, Tex., Robertson, Jackson, Payne, Lancaster & Walker, Dallas, Tex., of counsel, for appellee.

Before RIVES, Circuit Judge, and DAWKINS and DE VANE, District Judges.

RIVES, Circuit Judge.

The principal issue is whether appellee Beal is personally liable for one-fourth of the cost of drilling, developing and operating on 237.33 acres of the Elser oil and gas lease in Upton County, Texas, owned by Beal and Ashland in the proportions of one-fourth and three-fourths, respectively. The Elser lease secured by Beal on December 9, 1950, was on a total of 277.33 acres of land, but the Beal-Russell No. 1 well had been drilled on 40 acres...

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