Sellington v. Producers' Oil Co.

This is an action to relieve plaintiff’s land of an alleged servitude or real obligation, in virtue of which defendant claims the oil, gas, and mineral rights in the land. Plaintiff claims that the obligation was extinguished by the prescription liberandi causa, by which servitudes are lost or extinguished, by nonuser for 10 years, according to articles 789, 3529, and 3546 of the Civil Code. Defendant denies that its title to the minerals or mineral rights was subject to the prescription liberandi causa, and in the alternative avers that, if it was so, the prescription was interrupted by…