Burton v. Mellor

The opinion of the court was delivered by

Dawson, C. J.:

This was an action to recover the agreed consideration for the sale of an oil and gas lease on eighty acres of land in McPherson county.

The contract of sale was admitted, but a defense was based on the alleged failure of plaintiff to furnish an abstract showing a good merchantable title to the property.

Defendant’s objection to the title was because of a lease which had been executed by the then owner of the land about fifty-eight years ago. That was an exclusive prospecting and mining lease for a term of ninty-nine years to the “McPherson…