This appeal is from an order of the District Court of Rusk County, overruling pleas of privilege separately filed by appellants P. G. Lake, Trustee, and F. M. (Frank) Reid. Appellants make the following statement of the nature of the suit, which the appellees concede to be correct: "Mrs. v. E. Reid was the owner of a 205-acre tract of land in Rusk County, Texas, and on her death such land descended to her heirs. Three of said heirs, viz: Frank (F. M.) Reid, Jim A. Reid and Lillie Mae Reid Wooley, (who owned an undivided 3/7ths interest in the property) executed a surface lease to the appellant, P. G. Lake, Trustee, covering the lessors interest in 2 acres out of the 205-acre tract. This 2 acres adjoins a small tract of land known as the White cemetery tract, which is no part of the 205 acres and none of the Reid heirs own any interest in said cemetery lot, but P. G. Lake, Trustee, holds an oil and gas lease on said cemetery lot. P. G. Lake, Trustee, entered upon the 2-acre tract under the above-mentioned surface lease and drilled a directional oil well. The well is surfaced on the 2-acre tract but bottomed under the cemetery lot. P. G. Lake, Trustee, is not using all of the 2 acres covered by the surface lease.