Appeal of L.L. Kimmell

Opinion by

Baldrige, J.,

On February 26, 1914, Frank P. Snyder leased to the Manufacturers’ Gas Company the oil and gas rights under a tract of land in Jefferson County containing one hundred and one (101) acres. Thereafter, this lease was assigned by the Manufacturers’ Gas Company to Hanley and Bird.

On March 12, 1919, Frank P. Snyder sold to L. L. Kimmell twenty-nine (29) acres and thirty-nine (39) perches of the tract which he had leased to the Manufacturers ’ Gas Company, without reserving the oil and gas. After the execution of the lease to the gas com pany and before the conveyance to…