Hightower v. Maritzky

O’NIELL; Chief Justice.

The plaintiffs, owning a tract of land having an area of 200 acres, on which the defendants claim certain mineral rights, brought this suit to have the defendants’ rights declared forfeited by the prescription of ten years, liberandi causa. The rights claimed by the defendants consist" of a fourth interest in whatever oil, gas or other minerals may be produced from the 200 acres of land. The suit is founded upon articles 789, 3528, 3529, 3544, 3546 and 3549 of the Civil Code, and the jurisprudence on the subject, maintaining that such a right, owned by one who is not…