Perkins v. Long-Bell Petroleum Company

McCALEB, Justice.

This suit was filed on September 10, 1953, under the provisions of LSA-R.S. SOBOl 1 by the owner of land situated in Allen Parish to cancel a mineral reservation contained in his deed of acquisition, dated April 20, 1943, for 10 years’ nonuser and for a $5,000 attorney’s fee. It is aver red that the right of action arises by reason of defendant’s refusal to execute and deliver an instrument directing the cancellation of its mineral servitude after having been requested to do so.

Defendant resisted the demand, asserting that prescription has not accrued because it was…