Albert v Dunlap Exploration, 2015 Tex. App. LEXIS 1402 (Tex.App.B Eastland, 2015)

This case involved the application of a horizontal APugh@ clause. Although the facts are somewhat more complicated, the court held that the APugh@ clause was modified by a unit agreement executed by the lessors that provided for the pooling of all of the leases described Aas to all depths covered by said leases@ and that, since production occurred prior to the end of the primary term, the entire lease was pooled and the horizontal APugh@ clause did not come into effect as to the pooled acreage.