Brinkman v. Empire Gas & Fuel Co.

*604The opinion of the court was delivered by

Burch, J.:

The action was one by the holder of an oil and gas lease to recover damages for conversion of oil taken from the land by a junior lessee, to enjoin further trespass, to cancel the junior lease, and for such other relief as the facts stated in the petition warranted. A demurrer to the petition was sustained, and plaintiff appeals.

On May 26, 1908, Joshua Shriver executed and delivered to S. R. Walker the lease now held by plaintiff. On August 6, 1914, Shriver executed and delivered to W. M. McKnab the lease now held by defendant. The…