Hardy v. Heeter

— A proper understanding of the questions involved in this appeal requires a brief account of the background in which the present litigation has its origin. On April 24, 1937, Frederick S. Hardy, the appellant herein, was the owner, through a commissioner’s deed, of 30 acres of land in Jay County, Indiana. In 1920, the then owner of. said land leased it to one W. E. Rice for gas and' oil exploration and development and the following year three producing wells were drilled thereon. In 1926, through a series of mesne assignments, said gas and oil lease, together with the machinery, casings,…