HIGGINS, Justice.
On April 27, 1926, Heber Skinner executed and delivered to the Magnolia Petroleum Company an instrument which reads:
"The State of Texas, County of Andrews "Know All Men by These Presents:
"That I, Heber Skinner of the State of Oklahoma County of Rogers, hereinafter referred to as `Grantor' for and in consideration of the sum of Twenty-five Thousand ($25,000.00) Dollars cash, in hand paid by Magnolia Petroleum Company, the receipt of which is hereby acknowledged have granted, sold and conveyed, and by these presents do grant, sell and convey unto Magnolia Petroleum Company a corporation organized under and by virtue of the laws of the State of Texas having its principal office at Dallas, Texas, hereinafter called `Grantee' all of the oil, gas, casinghead gas and other minerals whether similar or dissimilar on in and under and that may be produced from the following described tract of land situated in the County of Andrews and State of Texas and more particularly described as follows towit: (Here follows description of land) containing in all more or less 30288 acres together with the right to use so much of the surface as may be necessary and desired by grantee for the egress and ingress, and for the purpose of drilling or mining for producing, storing and transporting such oil, gas, salt water and other minerals; with the right to erect any and all necessary structures for such drilling mining transportations; with the right to erect and maintain telephone and telegraph lines, lay, maintain and operate pipe lines, and with the right to remove any and all property of whatsoever kind or character placed on the premises by grantee.
"It is understood that Magnolia Petroleum Company its successors or assigns, shall never be required to nor shall it ever be under obligation to drill or mine for such oil, gas or other minerals and that any mining or drilling at any time hereafter both before or after production, shall be wholly at the option of grantee. However, in the event oil, gas or other minerals shall be produced from said property in paying quantities then there shall be paid to grantor his heirs executors, administrators or assigns by grantee as a royalty payable monthly as and if production is obtained in lawful money of the United States of America the value of one-eighth (1/8) of all oil gas casinghead gas or other minerals produced and saved from the property at grantee's posted price at the wells or mines; except as to sulphur the royalty therefor shall be fifty (.50) cents per ton for each ton mined and marketed and further except that no royalty shall be payable on gas or casinghead gas unless the same shall be used or sold by grantee off the premises; and further provided that no royalty shall be payable on any oil or gas used by grantee for light
or fuel used for its operations on the property.
"It is further understood that all of said lands are unpatented public school lands, the State of Texas having a lien thereon to secure the purchase money and interest due or hereafter to be due the State of Texas; and in order to secure the grantee in the peaceable and perpetual title, use, ownership and enjoyment of the property and rights herein conveyed, grantor expressly covenants agrees and binds himself his heirs, executors, administrators and assigns to faithfully and punctually as and when the same shall be lawfully due to pay off and fully discharge each and every installment of principal and interest on the indebtedness held by the State of Texas, together with all taxes and assessments of every kind or character of state, county, city, school or other state or governmental agency which may be levied and assessed against said lands, but should grantor his heirs executors, administrators or assigns fail or refuse to pay the principal and each or any installment of interest or principal on the indebtedness held by the State of Texas, as aforesaid as and when the same shall accrue and become lawfully due and payable or fail or refuse to pay any state, county, city, school or other taxes or assessments as aforesaid when the same shall be lawfully due, then in such event, grantee its successors, or assigns are hereby authorized to pay (but are not required to do so) the same or any part thereof and the amount or amounts so paid or advanced by the grantee shall become a charge and lien against and a lien is hereby created and given grantee against the lands property and premises herein described and royalty rights herein named; and the grantor further agrees to pay to grantee interest at the rate of ten per cent (10%) per annum on such advancements from the date of such advancements which as aforesaid, shall become due and payable to the grantee on demand at Dallas, Texas; and in the event of such sums or advancements are not paid to the grantee by grantor within sixty (60) days after demand is made on grantee, the said grantee at its option may without further notice sue and foreclose the lien hereby created and in the event suit is brought ten per cent (10%) on such advancement and accrued interest shall be added thereto and collected as attorney's fees. The demand for payment hereinabove provided shall in any event regardless of the ownership of the land hereafter, be made by grantee addressing such demand by mail to Heber Skinner at Drovers National Bank at Kansas City, Missouri.
"It is hereby agreed that any and all royalty or royalties on oil, gas or other minerals due the State of Texas, by reason of its ownership of such minerals or royalty in Sec. #25, Block A-37, herein described, shall be deducted from and paid from the royalties payable hereunder to grantor, from said Sec. 25, Block A-37.
"It is further understood that the consideration and down cash payment hereinabove recited is adequate with and commensurate with and covers all rights and privileges herein granted and conveyed, conditional or unconditional.
"To have and to hold, the above described oil, gas casinghead gas and other minerals, and all of the rights, privileges, liens and interests in said land herein granted unto Magnolia Petroleum Company its successors and assigns, forever; and the grantor does hereby bind himself, his heirs, executors, administrators and assigns to warrant and defend all and singular said oil, gas, casinghead gas and other minerals, and all rights and privileges, herein granted, unto said Magnolia Petroleum Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
"Witness my hand at Talala, Oklahoma, this 27 day of April, A. D. 1926.
"Heber Skinner."
This suit was filed October 25, 1934, by parties claiming under Skinner against the Magnolia Petroleum Company and others not necessary to mention.
Briefly stated, the suit was for rescission and cancellation of the above instrument and removal thereof as a cloud upon the plaintiffs' title to said lands and minerals therein with an alternative prayer for decree compelling the Magnolia Petroleum Company to explore for and develop the mineral resources of the land under penalty of cancellation of the instrument for refusal so to do.
Section 25, block A-37, was by agreement eliminated from the suit.
The case was tried without a jury and judgment rendered denying the relief sought, from which the plaintiffs appeal.
Upon request of plaintiffs the Court filed findings and conclusions which read:
"Findings of Fact.
"I. I find that on April 27, 1926, Heber Skinner held fee simple title to and possession of the land described in the mineral conveyance of that date hereinafter set out, subject to unpaid purchase money due the State of Texas, except Section 25, Block A-37, not involved in this cause, concerning which no findings or conclusions are made.
"II. I find that on April 27, 1926, recorded May 7, 1926, Heber Skinner made, executed, and delivered to Magnolia Petroleum Company, a corporation, engaged in the oil business, producing, refining, and marketing crude oil and its products, the following conveyance of the minerals in and under lands in Andrews County, Texas, as follows, to-wit:" (Here follows instrument above quoted.)
"III. I find that prior to October 25, 1934, the date this suit was filed, and subsequent to April 27, 1926, the date of the execution of said mineral conveyance, neither the Magnolia Petroleum Company nor any one for it had drilled for nor produced oil or gas from said tract of land; that defendant Magnolia Petroleum Company has annually and timely paid all taxes assessed against said mineral interest; has maintained geological drilling and production organizations, employees, and equipment over an area covering and including Andrews County; that said Company has neither released, assigned, nor conveyed any right, title or interest in and to said minerals to any other person or corporation, nor has it executed, delivered, or recorded any instrument of writing otherwise quitclaiming or surrendering its title and estate therein conveyed.
"IV. From the testimony offered I find the following facts and circumstances, to-wit: that at the time of the negotiations for and the execution and delivery of the mineral conveyance by Heber Skinner to Magnolia Petroleum Company the land therein described was located in `wildcat' territory, little, if any, prospecting for oil and gas being or having been theretofore conducted in the area in which said land is located, and said land was located far distant from any known production of oil or gas or other...
