Boles v. Akers

Opinion by

MAXEY, 0.

This is an action by J. H. Akers against Z. D Boles and T. D. Wagner, wherein Akers seeks to recover an interest in an overriding royalty based on the interest of what is known as the Ellis 'estate.

There- was a motion filed by thé defendants to require the plaintiff to make his petition more definite and certain, which was sustained by the court, and the plaintiff filed his amended petition. The 4th paragraph of said amended petition sets out plaintiff’s case in the following language:

“The plaintiff alleges in his fourth paragraph, that he and T. D. Wagner and Z. L. Boles…