Segelke v. Kilmer

Opinion by

Mr. Justice McWilliams.

Prior to April 18, 1944, Bessie Kilmer, who was plaintiff in the trial court, owned 326 acres of unencumbered farm land situated in Logan County, State of Colorado. On that date she entered into an oil and gas lease with The Ohio Oil Company covering the entire 326 acres. This lease was for a term of ten years, and provided, inter alia, that the lessee should pay the lessor the proceeds from one-eighth (%) of all oil and gas produced and sold from the leased premises at the prevailing market price therefor at the wells and further provided for the payment of…