Williams v. Reed

SMITH, Chief Justice.

The appeal is from an order dismissing appellant’s suit following his refusal to amend his petition, which had been stricken on demurrer. Appellant had sued as assignee of R. G. Mallory, but for convenience he will be referred to herein as the original owner of the rights asserted.

The suit was primarily an action in trespass to try title, but after setting out the conventional allegations prescribed by statute for such action appellant went further and specially pleaded his title by attempting to allege that he was entitled to an oil and gas lease from the State upon the…