Humble Oil & Refining Co. v. Luther (40 S.W.2d 865, 1931)

SELLERS, J.

This action was instituted by the appellant, Humble Oil & Refining Company, as plaintiff, on January 27, 1930, in tlie district eonrt of Van Zandt County, Texas, against appellees <3. J. Luther and wife, Imperator Oil Corporation, and W. A. Southworth, as defendants, to reform an oil, gas, and mineral lease theretofore executed by the defendants G. J. Luther and wife, as lessors, on April 26, 1928, in favor of J. K. Lewis, as lessee, covering certain lands and premises situated in Van Zandt county, Tex., which said lease, by due assignment from said lessee, appellant had thereafter acquired. As grounds for said action, the appellant alleged that, due to a mutual mistake of the parties to said lease, the same failed to describe accurately all of the lands and premises which were intended by such pai'ties to be covered and affected thereby, and appellant sought to have the description in said lease corrected and reformed so that the same should reflect the true and correct description of said premises according to the intention of the parties thereto. Appellant further alleged that the defendants Imperator Oil Corporation and W. A. Southworth, were asserting some right, title and interest in and to the oil, gas, and mineral leasehold estate in and to said premises, but averred that such claims and titles of said defendants .were in all things inferior •and subordinate-