Davis v. Sherman

The opinion of the court was delivered by

Wedell, J.:

The action of Courtney B. Davis against H. J. Sherman was one to recover a money judgment from the defendant, a co-tenant, in an oil-and-gas lease, and to obtain a lien on the interest of his cotenant. The amount sought constituted a proportionate share for the drilling of an oil well on the lease, which resulted in a dry hole. Plaintiff instituted identical separate actions against the defendants, P. J. McIntyre and C. C. Cummings. The issues in each of the actions are identical and the appeals are consolidated. Judgment went for…