Treasure County v. Berggren

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment entered in the district court of Treasure County from an order denying a motion for new trial and to amend findings of fact and conclusions of law.

The action was commenced by Treasure County as plaintiff to cancel a lease, quiet title and obtain an injunction to restrain the defendants from trespassing upon or removing from plaintiff’s lands bentonite or other minerals.

A léase was entered into between the parties on August 10, 1964 whereby the plaintiff agreed to lease certain lands within…