B. & B. OIL CO. v. Lane

SIMS, Justice.

These two equitable actions were filed in the fall of 1947 by the heirs and successors in title of J. D. Brandenburg, who died intestate in 1933, to cancel an oil and gas lease on 100 acres in Powell County, and to declare the equipment thereon to belong to the landowners, because the lessees had abandoned the lease. The two actions were consolidated and the chancellor granted the relief sought. A reversal of the judgment is asked on four grounds; 1. A general demurrer should have been sustained to the petitions; 2. the landowners cannot maintain suits for forfeiture for failure…