Noe v. Russell

Opinion of the Court by

Judge McCandless

Affirming.

Plaintiff claims possessory title to a tract of fifteen acres of land situated on a ridge east of Little Sinking creek in Lee county. Included in the boundary is a long, narrow strip of three or four acres, lying between the crest of the ridge and a parallel sandstone cliff, a short distance below, which is claimed by defendants, and on which they have drilled' three oil wells. In this action plaintiff seeks to recover a certain interest in the oil and gas produced therefrom. At the close of his evidence the •court gave a peremptory instruction…