Phillips v. Berg

The opinion of the court was delivered by

Hopkins, J.:

The action was one to quiet title against an oil and gas lease. Plaintiff prevailed, and defendants appeal.

On February 22, 1917, H. A. Nemnich, who owned a quarter section of land in Seward county, executed the lease in question to J. C. Mahoney and others. Among other things it provided:

“To have and to hold the same unto the said parties of the second part, their successors, heirs and assigns, for the term of ten years from the date hereof and as long thereafter as oil, coal or any other mineral is being produced therefrom by said lessees.…