Braswell v. Heartwell

DIXON, Judge.

This suit was to partition a mineral lease. The % interest of H. J. Heart-well is subject to conflicting claims by his creditors. Prior to 1965 Heartwell was the operator of the lease. In 1965 Braswell took over the operation. In the course of the operation, Braswell advanced funds to pay for Heartwell’s pro rata *198share of the operating costs. In this action Braswell attempts to assert a privilege “for the preservation of the property,” superior to the claims of the other privileged creditors. Heartwell’s % interest was subject to three special mortgages and a judgment and a tax…