Ash Grove Lime & Portland Cement Co. v. Chanute Brick & Tile Co.

The opinion of the court was delivered by

mason, J.:

The Ash Grpve Lime & Portland Cement Company, the owners of a tract of land containing 30.44 acres which had been conveyed to it by a deed reciting the existence of an oil and gas lease covering an eighty-acre tract of which this formed a part, brought an action against the Chanute Brick & Tile Company as the assignee of such lease, to recover the rent for nine years. A demurrer to the plaintiff’s evidence was sustained, and it appeals.

The lease was executed on November 26, 1902, to W. E. Barker. On November 23, 1903, Barker assigned it to H.…