St. Louis Royalty Co. v. Continental Oil Co.

HUTCHESON, Chief Judge.

Alleging ownership of a one-twelfth mineral interest in formations below 3500 feet in described lands, and that defendants were asserting adverse claims thereto and without right producing minerals therefrom, appellant, plaintiff below, brought this suit to remove cloud and for an accounting.

The claim in substance was: that on or about October 15, 1936, its predecessors in title had executed an oil and gas lease as to this interest for a primary term of three years from ¡January 1, 1937; that neither oil, gas, nor other mineral was discovered on, or produced from, the…