Hans v. Great Bend Brick & Tile Co.

The opinion of the court was delivered by

Harvey, C. J.:

On December 22, 1948, Louis Trester brought this action in the district court of Barton county for the determina tion of the rights of the parties under an instrument entitled “Sale of Oil and Gas Royalty” and to have it decreed that the contesting defendants (now appellants) had no title or interest to certain clay deposits on the land in question. A trial by the court resulted in judgment for plaintiff and the contesting defendants have appealed.

The principal facts are not controverted and may be stated as follows: Louis Trester was the…