Callaway v. Duffy

COLLINGS, Justice.

This suit was brought by Gib Callaway, individually and on behalf of other royalty owners who derive their title from or through him, against B. A. Duffy and other named defendants seeking a judgment declaring that plaintiffs’ and defendants’ royalty interests were not pooled under a single oil and gas lease executed by them on separately owned tracts of land. Upon a trial of the case before the court without a jury, judgment was entered on June 30, 1959, holding that the defendants were entitled to share in the royalty from all lands covered by the lease in proportion to…