Gailey v. McFarlain

HIGGINS, Justice.

The plaintiffs, claiming the ownership of the mineral rights in and to a certain ten acre tract of land, under a mineral deed dated July 20, 1926, executed by Robert McFarlain, the owner of the fee title to the land in question, instituted this suit against Robert McFarlain and the various royalty owners, who derived their interests from McFarlain.

The defendants, averring ownership in themselves, denied that the plaintiffs were the owners of the mineral rights in and to the ten acre tract of land. They pleaded ten years prescription, liberandi causa, under Articles 789 and…