City of Cushing v. Gillespie

In 1924, the city of Cushing, hereinafter referred to as city, condemned certain lands involved in this action for the purpose of enlarging a water reservoir. The lands at that time belonged to George T. Gillespie and his wife. In 1931, George Gillespie executed an oil and gas lease covering the lands herein involved; he also sold mineral rights to various people. On May 15, 1951, the city issued a drilling permit covering the land herein involved; it was shown that neither at that time, nor at any other time prior to the filing of the instant action, did the city claim to own the mineral…