Driscoll v. State

These parties are hereinafter respectively referred to as the Driscolls, the board, and the company.

The board sold state land to the Driscolls, reserving mineral rights, and thereafter; gave the company an oil and gas lease on the reserved estate. The board and the company brought this action to enjoin the Driscolls from interfering’ with the reserved estate and the rights of the lessee. By answer and cross-complaint the Driscolls claimed title in fee simple and demanded that same be quieted in them. G-eneral demurrers to this answer and cross-complaint were sustained. The Driscolls elected…