Decker v. Jones

The opinion of the court was delivered by

Robb, J.:

This is an appeal from the trial court’s order sustaining a demurrer to plaintiff’s amended petition in a damage action for failure of defendant, the lessee, to remove debris from his abandoned oil and gas leasehold (under G. S. 1961 Supp., 55-132a) on land now owned by plaintiff in fee simple title.

On March 8, 1926, a ten year lease was entered into and subsequent production from seventeen oil wells extended the lease until September 1, 1959, when defendant, then owner and producer thereof, abandoned the lease, discontinued production of oil…