Peterson v. Smith

Robinson, PResident :

By the appeal herein, plaintiff submits that his bill was improperly dismissed on demurrer. But mature consideration leads us to sustain the ruling of the chancellor holding the bill insufficient.

The bill seeks an accounting for oil royalty. The substance of the ease which it presents, is that defendant Smith has *554been paid, by mistake of the operating company, royalty which belongs to plaintiff. For the royalty so paid, plaintiff asserts a mere money demand against Smith. The bill shows no ground of equity cognizance. It does not make a case for an accounting. It appears…