Moore v. Vines
Supreme Court of Texas
474 S.W.2d 437 (1971)
Ruby and Troy Vines issued a 1951 oil and gas lease covering two land tracts; after their divorce, remarriage, and joint will naming Hoyal Moore and others (plaintiffs) as remaindermen, Ruby's 1959 death gave Troy (defendant) a life estate in Tract A. The 1951 lease expired in 1961, and in 1963 Troy, individually and as executor, issued a new lease on Tract A to Pan American Petroleum (Pan Am) (defendant); the plaintiffs sued, arguing the open mines doctrine didn't cover the 1963 lease, making it void, but the trial court ruled for Troy and Pan Am, and the plaintiffs appealed.
Whether the open mines doctrine is applicable beyond the lease in existence at the time of the vesting of the relevant life estate.