Martens v. Prairie Producing Co.

SEARS, Justice.

This appeal involves the rights of the owner of mineral rights to enter, against the wishes of the owner of the surface rights, and explore the land.

Appellants, the surface owners of a 101 acre tract of land, appeal from a summary judgment awarding damages to Appellee, the lessee of the mineral rights. Appellants allege that summary judgment was improperly granted due to their raising fact issues concerning: (1) fraud on the part of Appellee’s agent in presenting proposals to them; and (2) whether they accepted one of the proposals. We find no such fact issues and we affirm the…