Corr v. Continental Oil Co.

The opinion of the court was delivered by

Smith, J.:

This was an action for damages for draining the oil from under a lease on which plaintiffs owned the royalty interest. The case was tried and the issues of fact were submitted to a jury. The jury failed to agree and was discharged. Defendants appeal from an order overruling a demurrer to the evidence of plaintiffs.

The action arose in the Valley Center oil field. The lease of which plaintiffs owned the royalty interest is known as the “Lambe 80.” The defendants owned the lease upon this tract as well as the adjoining tracts to the north and…