Long v. Hitzelberger

BROWN, Justice.

The issue is whether co-owners of certain oil and gas leases are entitled as a matter of right to a partition of such leases. B. V. Long, Trustee and Tony Rothrock sued Robert L. Hitzelberger for partition alleging that the leases could not be equitably partitioned in kind and should, therefore, be sold and the proceeds divided between the parties in the proportions of their interests. Hitzelberger answered that a partition would destroy certain contractual obligations Long and Rothrock owed to him under their Operating Agreement and filed a counterclaim alleging that Long and…