Preston v. Ross

This is a suit wherein R. S. Ross and his wife, C. M. Ross, as plaintiffs, seek to quiet their title to an undivided 30-acre mineral interest in a 320-acre tract of land in Payne county, Oklahoma, as against W. A. Preston and his wife, Margaret Preston, defendants. The parties will be referred to as they appeared in the trial court.

The uncontroverted facts are that this half section of land was owned in fee by one C. A. McKenzie and, in about 1938, the land was drilled for oil but the well was dry. Through the efforts of plaintiffs and defendants, an agreement to drill a well upon the…