Fugate v. Smith

Opinion op the Court by

Judge Thomas

— Affirming.

This equity action was filed in the Knott Circuit Court by the appellee and plaintiff below, H. H. Smith, against the appellant, Dial Fugate, to quiet plaintiff’s title to the oil and gas under a tract of land in Knott County containing something like 94 acres. Defendant, Fugate, by his answer and cross-petition brought into the case the other appellee, Warfield Natural G-as Company (to which the right to extract the oil and gas had been acquired by it), since he claims some right against it growing out of his alleged interest in and to the oil…