Batex Oil Company Et Al. v. La Brisa Land and Cattle Company

This is a venue case. Suit was brought by La Brisa Land and Cattle Company in the District Court of Starr County, against Batex Oil Company, H. J. Porter, James W. Porter and R. L. Wheelock, along with other named defendants, to cancel and annul an oil, gas and mineral lease on a certain tract of land situated in Starr County, on the ground that the oil and gas wells on said land are not producing in paying quantities; and in the alternative plaintiff prayed for cancellation of said lease covering all the land in said tract except twenty acres surrounding each of the producing oil and gas wells, and further alternatively prayed that defendants be required to reasonably develop all the remaining portions of said tract. Each of the above-named defendants filed a plea of privilege to be sued in the county of his residence. Plaintiff controverted each of the pleas and relied on Article 1995, Subd. 14, Vernons Ann.Civ.Stats., to maintain venue in Starr County. The defendants supplemented their pleas of privilege and affirmatively alleged that plaintiffs allegations that there was no production of oil and gas in paying quantities from said lease, were false and not made in good faith, but fraudulently made for the purpose of maintaining venue in the county of suit. Upon a hearing before the court, each of the pleas of privilege was overruled. The above-named defendants have appealed.