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a single oil well sunk into a subterranean fossil fuel reservoir can suck out all the oil regardless of who owns the land above it itamp;#39;s like drinking someone elseamp;#39;s milkshake and in the early days of oil drilling it was totally legit under the law of capture but there were other details of drilling rights still to be sorted like whether the law of capture covered the oil burned up in the decade-long well fire at issue in aleph versus texon drilling mabel frank and charles elif owned the surface and mineral rights to 3 000 acres that overlay a part of a large reservoir of oil and gas they received royalties from an oil well on the property about half the reservoir lay under the adjoining land owned by clara driscoll in 1936 texon drilling companies started drilling an oil well on driscollamp;#39;s land the well blew out and caught fire a crater grew until it enveloped the elfamp;#39;s oil well which also blew out and caught fire this well burned for years and much of t