Rhodes v. Mound City Gas, Coal & Oil Co.

The opinion of the court was delivered by

Burch, J.:

The plaintiff brought suit to restrain the defendants from interfering with his possession, use and enjoyment of a gas-well to which he claimed the paramount right. The court found the facts and determined the law in favor of the defendants, and the plaintiff prosecutes error.

The title of the defendants rests upon a mineral lease given by the owner of the land on which the well is .situated, Henry Carbon, to one Robert Fleming, on June 18, 1902. The defendants claim this lease was duly assigned to them and is still in force, unforfeited. If…