Benson v. Nyman

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by the defendant from a judgment for two years’ rent on an oil and gas lease, made by the husband of the plaintiff to the defendant, and involves many points which the defendant assigns as error.

The lease was executed three days before the death of the owner and lessor, and by his will he gave his wife a life estate in all his property. The defendant, after attempting to discover oil and gas for about three years and regularly paying the rent of $1 per acre each year in advance, assigned the lease, and such…