Cited by
Opinions in Louisiana that cite Union Sulphur Co. v. Andrau, 47 So. 2d 38.
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Whitehall Oil Company v. Heard
197 So. 2d 672
La. Ct. App. 3d Cir. 1967
LSA-Civil Code Articles 790, 3529, 3546; , ; St.
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Whitehall Oil Company v. Eckart
197 So. 2d 664
La. Ct. App. 3d Cir. 1967
Daggett, Mineral Rights in Louisiana, Chapter VI, "Royalty", especially Sections 60, 63, 64, and 66 (revised edition 1949); 3A Summers, cited above, Section 599; Williams and Meyers, Manual of Oil and Gas Terms, "Royalty", p. 213 (1957).
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Lee v. Goodwin
174 So. 2d 651
La. Ct. App. 2d Cir. 1965
used the following language: "* * * since the sale or reservation of a royalty * * * is the mere sale or reservation of a right to share in the production of minerals if and when produced * * *."
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Frey v. Miller
165 So. 2d 43
La. Ct. App. 3d Cir. 1964
35 ], supra; , , and authorities cited therein."
- Melancon v. Cheramie 138 So. 2d 138 La. Ct. App. 1st Cir. 1962
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Crown Central Petroleum Corporation v. Barousse
117 So. 2d 575
La. 1960
Vincent v. Bullock, supra; , and Le Blanc v. Haynesville Mercantile Co., Inc., 230 La.
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Sun Oil Company v. Guidry
99 So. 2d 424
La. Ct. App. 1st Cir. 1957
c. The substantial question concerns whether or not Thornton's mineral royalty interest was extinguished by non-user prior to the production of oil in paying quantities on December 6, 1948; such production within the prescriptive period interrupting the accrual of prescription so as to maintain the existence of a royalty interest in favor of its owner at the time, , .
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Cormier v. Ferguson
92 So. 2d 507
La. Ct. App. 1st Cir. 1957
709 , , , , Daggett, Louisiana Mineral Rights (1949 Ed.), esp.
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Le Blanc v. Haynesville Mercantile Company, Inc.
88 So. 2d 377
La. 1956
It is also-well settled that the right to search and explore, which belongs to the owner of the servitude, is not given to the royalty owner; that the latter must await such time as the land has been developed, and his right is restricted to a sharing in production if and when it is obtained by the landowner or a lessee, Vincent v. Bullock, supra; , 47 So.
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Smith v. Anisman
85 So. 2d 351
La. Ct. App. 2d Cir. 1956
632 , ; Union Sulphur Company, Inc., v. Andrau, 1950, , .
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Union Oil Company of California v. Touchet
86 So. 2d 50
La. 1956
and numerous authorities therein cited.
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Grayson v. Lyons, Prentiss & McCord
76 So. 2d 531
La. 1954
See also, Union Sulphur Co., Inc., v. Andrau, , .
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Arkansas Fuel Oil Co. v. Sanders
69 So. 2d 745
La. 1953
646 , ; Union Sulphur Co., , .
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Ascher v. Midstates Oil Corp.
64 So. 2d 182
La. 1953
The royalty reservation of the Vincent case was further discussed in Union Sulphur Company, Inc., v. Andrau, , (it involved a similar royalty), the court there commenting: “ * * * we determined that such a sale with royalty reservation, not being forbidden by law, constituted a contract which *823 was to be given legal effect according to the intent of the parties, and concluded that from its nature and by th