Nigh v. Haas

The opinion of the court was delivered by

Smith, J.:

This was an action under the declaratory judgment act. The purpose of the suit was. to settle the rights of parties in an oil and gas lease. Judgment was entered answering certain questions in favor of plaintiffs. Defendants appeal.

The facts are simple, and many of them have been agreed upon. On November 16, 1917, J. I. Shaffer, who was the owner in fee of a half section of land in Woodson county, gave an oil and gas lease on the entire half section to Haas and VanPetten. He retained a one-eighth royalty. By the terms of this lease it was to…