Broswood Oil & Gas Co. v. Mary Oil & Gas Co.

In disagreeing with the majority opinion I do not question the soundness of the rules of law and equity therein announced, but I do question the manner in which those rules and principles are applied to the fact situation with which we are confronted in the ease at bar.

This action was commenced by the plaintiffs in the trial court as owners of undivided fractional interests in and to the oil and gas and mineral royalty under the W. % of the S. E. % of section 6, twp. 19 north, and range 12 east of the Indian Meridian.

The action is equitable in nature. The plaintiffs seek the cancellation of…