Brooks v. Southern Clays, Inc.

Dyer, Judge.

The plaintiffs, as executrix and heirs at law of J. T. F. Brooks deceased, filed a petition seeking to have a purported lease entered into by said J. T. F. Brooks, leasing-certain mineral rights to the defendant, declared void. Said lease was executed in 1946 and the present action instituted in 1962. In the cross action the defendant sought to have the lease reformed to show a correct description of the premises leased. The original petition contained no allegation of a tender of the amounts paid to the plaintiffs and their prede cessor in title by the lessee nor did it seek to…