Phillips v. Altman

JACKSON, Vice Chief Justice.

In the trial court, plaintiffs, Phillips and wife, sued defendants, Altman, et al., for damages arising because of the pollution of plaintiffs’ southwest quarter of a section of land by crude oil and other deleterious substances which defendants allegedly permitted to escape from oil leases owned and operated by defendants on the adjacent southeast quarter of said section.

Defendants’ answer was a general denial with an affirmative allegation that in the conveyance by which plaintiffs acquired title to their lands there appeared the following language:

“Said parties…