Kelley v. Ivyton Oil & Gas Co.

Opinion of the Court by

Judge Thomas —

Affirming.

On October 25, 1919, J. V. Kelley and wife, Cora E. Kelley, were the joint owners of a tract of land in Magoffin county which they claimed to be about 125 acres, but according to the proof in the record only contained between fifty and seventy-five acres. On that day they executed an oil and gas lease upon their farm to J. *805B. Nay, who agreed therein to pay the lessors, who were plaintiffs below, one-eighth of all the oil produced under operations provided for in the lease and to pay plaintiff $100.00 annually in advance for each paying gas well…