Krug v. Krug

Foth, C.J.:

The issue in this case is how to accommodate the

interests of cotenants in a mineral estate who cannot agree upon a lessee for oil and gas exploration. The facts are undisputed; the only question is whether the trial court’s order was one which it could properly make under its equitable powers.

The ten plaintiffs collectively own 9/llths of the minerals under a half-section of land in Russell County. The defendant Ray R. Krug (hereafter “Krug”) owns the other 2/llths, as well as the surface. Beginning in 1975 plaintiffs executed a series of oil and gas leases to the defendant Cities…