Mulsow v. Gerber Energy Corp.

The opinion of the court was delivered by

Lockett, J.:

Plaintiffs brought four actions, which were later consolidated, for partition of oil and gas leases in which plaintiffs owned shares of the working interests. Plaintiffs did not request partition of the overriding royalty interests or the landowners’ royalty interests. Appellant Regan filed a cross-claim and counterclaim against the other parties, praying that the overriding royalty interests be included in the partition. The trial court denied the motion and partitioned the leasehold estates excluding the overriding royalty interests.…