Pittman v. Faron

JAMES D. CLEMENS, Special Judge.

Suit by lessees for judgment declaring the status of a mining lease. The defendant-lessor claimed the lease had been forfeited, but the trial court declared the lease still in force, and defendant-lessor appeals, claiming here (1) that the case was not the proper subject of a declaratory judgment action, and (2) that he was entitled to a jury trial.

*837By a second count of their petition the plaintiffs sought to enjoin defendant from interfering with their entry upon the land. That count was ruled against plaintiffs, hut no appeal was taken, so it is not now before…