Miller v. Cumberland Land Petroleum Co.

Opinion of the Court by

Judge Clay

— Reversing.

The Cumberland Petroleum Company and the Kemrow Company, who held an oil lease on a lot 40 feet square located near Oaks Station in Ohio county, brought this suit against M. W. Miller and H. C. Gardenhire to enjoin them from trespassing on the lot, and from interfering with the development of the lease. Miller filed an answer and counterclaim claiming ownership of the lot, and Gardenhire asserted his right to enter upon the premises by virtue of a lease executed to him by Miller. The trustees of the East Fork Baptist Church intervened and asserted…