Ellis v. Simmons

POSTER, Circuit Judge.

This was a suit brought by defendant in error on a bond, as hereafter related. It appears that defendants in error, to wit, John Simmons, N. H. Simmons, Matilda E. Simmons, and Nathaniel Rodden Simmons, were the owners of certain real property in Marshall county, Okl., situated within six miles of proven oil and gas fields. Plaintiffs in error J. T. Ellis and Wood R. Alexander entered into a contract with them, whereby they agreed to prospect for oil and gas on the said land and to drill a well. In consideration of this contract leases were executed and placed in escrow.…