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Judicial Notice, No Presumption as to Fractional Value of Undivided Interest
Green, Leon
Green, Leon
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).