Terry v. Texas Co. , 1920 Tex. App. LEXIS 1267 ( 1920 )

On Motion for Rehearing.

In Fast v. Whitney, 26 Wyo. 433, 187 Pac. 192, there is found a full, comprehensive discussion of the question here involved. There the court says;

“As we understand these cases, none of them declares, as a matter of law, that there is a distinction between commencing a well, or the drilling of a well, and commencing operations for drilling, with respect to the acts necessary or sufficient to constitute a commencement of the work, or that there is such a distinction in fact.”

In this opinion is mentioned the Texas case of Forney v. Ward, 25 Tex. Civ. App. 443, 62 S. W. 108, relied on by appellants. In the latter case, the Galveston Court of Civil Appeals, in affirming a judgment of the trial court, held that the hauling of a load of lumber out on the land under lease to be used in erecting a derrick, on the last day of the life of the lease, was not alone sufficient to save the lease from forfeiture. With no purpose to criticize that decision, and without attempting to show the difference in the facts between that ease and this, which is apparent, we are still of the opinion that the facts in this case do show, as a matter of law, that there was a “commencing to drill” on the land in question during the life of the lease.

Motion for rehearing is overruled.