Kelley v. Hardwick

Opinion of the Court by

Judge Dietzman

Affirming.

This suit was brought by the appellant against the appellees to quiet his title to an oil lease. A demurrer was sustained to the petition, and the appellant declining to plead further, his petition was dismissed, and he appeals.

On the 22d day of June, 1920, T. M. Bennett and Arrie Bennett, his wife, executed an oil lease to the appellant covering some property they owned in Daviess county. The pertinent part of the lease reads:

“The party of the second part agrees to-commence a well on said premises within one year from the date hereof, or pay at…