Robbins v. Martin

STEPHENS, J."

Plaintiff sues to annul and have canceled from the conveyance records certain instruments transferring mineral rights on the grounds of fraud and misrepresentation, and in the alternative, if the transactions be determined to be not fraudulent, he seeks avoidance of the sales for failure of the consideration of the original contract in which he was the vendor.

The defendants E. G. Martin and James J. McClelland filed pleas of estoppel in bar of plaintiff’s suit. The district court overruled the plea of Martin, but sustained the plea of McClelland and dismissed the suit in so far…