Pfenninghausen v. Horinek

Opinion by

THOMPSON, C.

This action was commenced in the district court of Tulsa county by A. T. Horinek, defendant in error, plaintiff below, against C. O. Pfen-ninghausen, plaintiff in error, defendant below, to recoiver the sum of $1,064, claimed to be due for rentals and accrued royalties on a departmental oil and gas lease for a period of five years. The parties will be referred to in this opinion as plaintiff and defendant as they appeared in the lower court.

The petition, in substance, alleges that one John Wilkin, a Choctaw Indian, on the 27th day of January, 1917, made, executed and…