Hennig v. Wichita Natural Gas Co.

*256The opinion of the court was delivered by

Marshall, J.:

The defendants appeal from a judgment enjoining them from operating under an oil and gas lease on land near Augusta, in Butler county.

1. In his petition the plaintiff alleged that he was the owner and in the possession of certain described land, upon which the defendants, without right, were threatening and about to enter with drilling tools and drillers for the purpose of drilling for oil and gas, and of permanently appropriating the same to their own use.

In their answer the defendants denied each and all the allegations of the petition,…