Strait v. Fuller

The opinion of the court was delivered by

Jackson, J.:

This was a suit to partition an oil and gas leasehold estate described in the petition. After motions to make the petition more definite and certain had been disposed of, some of the defendants filed demurrers to the amended petition. The demurrers raised the sole question that the amended petition did not state facts sufficient to constitüte a cause of action in favor of the plaintiff. The district court entered an order overruling the demurrers, and the demurring defendants appeal.

It should be noted immediately that the petition in…