Miller Et Ux. v. Dierken

Opinion by

Rhodes, J.,

This is a second action in ejectment between the same parties wherein plaintiffs seek forfeiture of an oil-and gas lease because of the nonpayment of royalty. The controversy involves two producing wells operated by defendants; the land is owned by plaintiffs.

The first action in ejectment, based on nonpayment of royalty by defendants from the same two wells, was filed November 25, 1938. The trial judge directed a verdict for defendants; judgment was entered on the verdict; plaintiffs appealed to this court. We affirmed the judgment of the court below on September 13,…