Weir v. Jarecki Manufacturing Co.

Opinion of the Court by

Judge Ratliff

Reversing.

In July, 1926, Marion Taylor and his wife executed an oil and gas lease on their 45-acre farm in Daviess county to the Surety Oil & Gas Company. These parties, however, are not involved in this litigation. By mesne assignments from the Surety Oil & Gas Company, Fred L. Weir, Gordon A. Yancey, C. P. Short, and Marvin Jordan became the owners of the entire lease, each owning an undivided one-fourth interest therein.

On October 17, 1928, Weir, Yancey, Short, and Jordan assigned their undivided one-half interest in the lease to F. M. Curtis, who, in…