Brooks v. Day Oil Co.

Opinion of the Court by

Judge Clay

Reversing.

Edward L. Brooks, who owned ail oil and gas lease on certain land in Clinton county, brought suit against the Day Oil Company, who owned a prior lease on the same property, to recover possession of the leasehold estate. A trial before a jury resulted in a verdict and judgment for defendant and plaintiff appeals.

The facts are these: On June 30, 1917, Granville Williams and wife executed an oil and gas lease to N. B. Pah kenburg, who transferred same to the Day Oil Company on May 10, 1918. Both the lease and the assignment thereof were recorded in the…