Skelly Oil Co. v. Cities Service Oil Co.

The opinion of the court was delivered by

Harvey, C. J.:

This was an action for a declaratory judgment authorized by our statute (G. S. 1935, 60-3127 et seq.) for a binding adjudication of the rights of the parties as to the oil and gas in and under and produced from a described tract of land. In its petition, after stating the facts, it was alleged that an actual controversy existed between the parties, the plaintiff claiming an undivided one-half of the minerals in place with the right to go upon the premises and explore and develop the same and to execute oil and gas leases therefor, while…