Tamsk v. Continental Oil Co.

The opinion of the court was delivered by

Smith, J.:

This was an action to cancel an oil and gas lease and to recover money. Judgment was for defendant sustaining its demurrer to plaintiff’s evidence. Plaintiff appeals.

The petition set out two causes of action.

In the first, plaintiff pleaded ownership of the land in question and that on June 7, 1923, he and his wife gave an oil and gas mining lease to the Alcorn Oil Company and that at the time of filing the petition defendant claimed to be the owner of the oil and mining rights covered by the lease by reason of an assignment duly recorded…