Stern v. Maxwell

On the Merits.

Statement.

The suit was filed by appellant on February 17, 1931, to establish and quiet his right in a lease on 23.5 acres of land granting the right to prospect and bore wells for gas and oil. It was alleged that the appellees were asserting a claim of title in the premises inconsistent with the rights of plaintiff and in violation of the lease. An injunction was sought to restrain the appellee from doing acts prejudicial to the alleged rights of appellant.

The appellees, who are the owners of the leased land, answered by general denial, and specially pleaded, in effect, the…