Diederich v. Ware

MILLIKEN, Chief Justice.

This case-presents the question whether oil rights granted by an ■ 1859 deed can be acquired through adverse possession by the' owner of the surface of the land by the drilling and operation of two oil wells in a corner of' a 56-acre tract.

The appellant, John T. Diederich, seeks a declaration of the rights of himself and others to royalties from two producing wells on a 56-acre tract, the surface rights to which are owned 'by the appellee,' E. C. Ware, and the trial court adjudged that the appellee had' acquired title to the oil by adverse possession through two wells…