Humphrys v. Skelly Oil Co.

HUTCHESON, Circuit Judge.

The suit was at law for premises appellant, plaintiff below, had as lessor leased to appellee Skelly Oil Company, one of the defendants below. The claim of title pleaded specially was that drilling operations Skelly relied on to hold the lease had been commenced after the right to drill had been extinguished by expiration of the lease. All pertinent facts having been pleaded by plaintiff, the defense that the commencement of drilling operations before the expiration of the lease and their diligent prosecution thereafter had kept the lease in force was presented by…