Brinkman v. Empire Gas & Fuel Co.

*552The opinion of the court was delivered by

Marshall, J.:

The plaintiff is prosecuting this action to cancel an oil-and-gas lease on certain real property in Butler county, together with all the assignments and conveyances of the lease, to recover damages for the conversion of oil taken from the land described in the lease, and to obtain an injunction enjoining the defendant from drilling and operating on the lease for the purpose of taking therefrom oil or gas, and from removing the oil and gas therefrom, and asks that the amount in value of the oil and gas taken from the lease be ascertained…