Bodcaw Lumber Co. v. Magnolia Petroleum Co.

The plaintiff, claiming ownership of the oil and gas and other minerals and mineral rights in the S. W. % of S. W. % of Section 22, Tp. 21 N., R. 10 W., brought this suit to annul an oil and gas lease given by A. J. McCook and T. G. Hibbler to the Magnolia Petroleum Company on the land. The defendants pleaded that the mineral rights which the plaintiff once had— having reserved them from a sale of the land more than ten years ago — were never exercised and were therefore lost by the plaintiff by the prescription of ten years. The judge of the district court gave judgment in favor of the…