Frost Lumber Industries, Inc. v. Republic Production Co.

HUTCHESON, Circuit Judge.

The suit was, in effect, to recover one-half the minerals other than gas on six non-contiguous blocks of land, A, B, C, D, E and F,1 in Union and Ouachita Parishes, free from the servitude which had been created in favor of Federal Petroleum Company, defendant’s predecessor in title. The claim stated generally was that by the operation of the prescription, liberandi causa of ten years’ non-use, the servitude as to all of the blocks had been lost. Stated more particularly, the claim was first: that while a mineral servitude of one-half interest had indeed been created…