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Article

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Judicial Notice, No Presumption as to Fractional Value of Undivided Interest, 5 Texas Law Review 322 (1927)

Abstract

Evidence - Judicial Notice -No "Presumption" as to Fractional Value of Undivided Interest.-Kishi sued the Humble Oil Company for damages
for loss in market value of his three-quarters undivided interest in an oil
and gas lease upon which the Humble had drilled a dry hole, after the expiration
of a lease executed by Kishi and his cotenant, the drilling being
with the consent of the cotenant, but over Kishi's protest. The trial court and
Court of Civil Appeals gave judgment for defendant (261 S. W. 228
(1924) ), but the Commission of Appeals reversed these judgments and rendered
a judgment for $37,500 for Kishi (276 S. W. 190 (1925)), being threefourths
of the total value of the lease as found by the two lower courts.
Upon second motion for rehearing the Commission of Appeals reversed its
former decision and remanded the case to the district court, with instructions
to ascertain the value of the three-quarters undivided interest, saying
it did not feel justified in presuming that a three-quarters undivided interest
in an oil and gas lease is worth exactly three-fourths of the total value of the
lease. Humble Oil and Refining Co. v. Kishi, (Tex. Comm. App. 1927, not yet
reported).

Date of Authorship for this Version

1927

Keywords

oil, court, appeals

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