107 S.W.2d 633 | Tex. App. | 1937
This litigation arose as an original proceeding in this court by which relators sought to prohibit and enjoin J. C. Sanford and Sanford Oil Company from producing oil from well No. 2 on his Norfolk Baptist Church .43-acre leasehold, in alleged violation of a judgment of this court dated March 11, 1936, which perpetually enjoined respondent from producing oil from said well No. 2; and relators also moved that said J. C. Sanford be adjudged in contempt of this court for producing oil from said well No. 2. This proceeding has been held in abeyance pending a decision by the Supreme Court in Magnolia Petroleum Company et al., Relators, v. New Process Production Company et al., Respondents,
On March 25, 1935, J. C. Sanford filed with the Railroad Commission an application to drill as an exception to rule 37 a second well on his Norfolk Baptist Church .43-acre leasehold estate. After notice and hearing, the permit was granted by the commission on April 25, 1935. Relator appealed from the order of the commission to the district court of Travis county, on May 6, 1935, and obtained an order temporarily restraining the drilling and production of said well No. 2. On May 31, 1935, the trial court denied relator any relief and dissolved the temporary restraining order theretofore issued. Relator then appealed to this court, and on March 11, 1936, this court reversed the judgment of the trial court and rendered judgment perpetually enjoining the drilling of said well No. 2 and the production of oil therefrom. Stanolind Oil
Gas Co. v. Railroad Commission (Tex. Civ. App.)
In accordance with this ruling of the Supreme Court, the application of relator to prohibit and enjoin the production of oil from said well and to plug said well is denied; and the motion to adjudge respondent in contempt of this court is overruled.
Overruled.