Brown v. Linkenhoger

MURRAY, Justice.

This is the second, appeal of this case. Our opinion on the first appeal is found in Linkenhoger v. Brown, 128 S.W.2d 163. The trial began to a jury but upon completion of the evidence defendant, Edgar M. Linkenhoger, Jr., moved for a peremptory instruction, which was granted and judgment rendered that plaintiffs, H. T. Brown and W. G. Winters take nothing, from which judgment plaintiffs have prosecuted this appeal.

The all important question here presented is, Was the fugitive oil floating on the waters of Petronila Creek in the exclusive possession of Brown and Winters so as…