Fortney v. Tope

I find no fault with the statement of facts made by Mr. Justice Sharpe. I am not in accord with his opinion as to the necessity of selling the land. The record indicates, in the opinion of one of the plaiptiffs, the land in question is in an oil field. There are no wells on • the land in question. No well or wells thereon have ever been attempted. The rule in relation to partition of land of this kind is different from that applying to land upon which there are wells.

“There is no doubt that an action of partition lies to divide undeveloped and supposable oil or gas lands, just as it does in…