Sheffel v. Cities Service Oil Co.

August 13, 1947, plaintiff in error commenced this action in the district court of McClain county against defendants in error, Cities Service Oil Company, a corporation, Curt Von Wedel and Eleanor Von Wedel, to establish his interest in one-seventh of the minerals under a 70-acre tract of land in McClain county, and to quiet title thereto. Upon trial the district court sustained a demurrer to plaintiff’s evidence and dismissed the action on the ground that the five-year statute of limitation barred plaintiff’s action, and plaintiff appealed.

The principal facts are not in dispute. The public…