Jesberg v. Klinger

The opinion of the court was delivered by

Robb, J.:

The trial court entered its order in each of these appeals sustaining defendant’s general demurrer to plaintiff’s petition and plaintiffs appealed therefrom. The appeals were consolidated for appellate review and we will consider them as one.

The pertinent portions of plaintiff’s petition in brief alleged that defendant at all times was a cotenant of plaintiff and an owner of minerals in place and that plaintiff owned an undivided one seventh interest in such minerals. On August 15, 1955, the county commissioners by their resolution caused a…