Whitfield v. Gay

GRISSOM, Chief Justice.

Prior to April 1, 1951, Clayton Whitfield was in possession of a section of land under a written lease of the surface from the owners, R. W. Higgins and wife. The lease provided for its expiration on April 1, 1951. The section was grass land, except approximately 80 acres which were in cultivation. In January or February, 1951, Whitfield planted oats on said 80 .acres. On March 6, 1951, the Higgins leased the section to Clarence M. Gay for five years, beginning April 1, 1951. Both of said leases provided for the payment of only money rent. On April 1, 1951, Gay took…