Hud Oil & Refining Co. v. Smith

BAYLESS, Y. C. J.

L. E. Smith instituted an action in the superior court of Seminole county, Okla., against Hud Oil & Refining Company, a corporation, and others, which action eventually resolved into a controversy between Hud Company and Whelan et al. on one issue only. The trial court resolved the question in favor of Whelan et al., and Hud Company appeals.

The controversy relates to an undivided 3/16 interest in an oil and gas lease. The issue is whether the defendants in error own this 3/16 interest free of the cost of drilling the wells proposed to be drilled thereon, one of which *s…