Muskingum Watershed Conservancy District v. Funk

By the Court.

The storm center of the present re view is the fact that the defendants’ fee simple title is subject to a five-year lease permitting the removal of certain sand and gravel deposits from 25 acres thereof. ~ Under the amended petition the lessees are no longer parties to this action for the reason that the plaintiff has effected a settlement with them whereby they retain the right to remove sand and gravel upon payment of the stipulated price to the defendants as' the lessors during the unexpired portion of their lease.

The plaintiff insists that the trial court was in error in the…