Rees v. Adams

BENNETT, C.

Defendants in error, as plaintiffs, brought suit against plaintiffs in error, as defendants, to cancel a certain coal mining lease and to quiet title to a farm of 160 acres in LeFlore county, Okla. The parties will be referred to as they appeared in the trial court. Upon a trial to the court there was a judgment for plaintiffs, from which defendants appeal.

It appears that December 18, 1922, Sam McKinney, Harry Wallis and J. N. Adams, the then owners of said land, executed thereon a coal mining lease upon a royalty basis to J. D. Bennight. There was already opened up and in working…