Perkins v. Sanders

The opinion of the court was delivered by

Burch, J.:

The action was one to cancel an oil and gas lease and to recover possession of the leased premises. The plaintiffs recovered, and the defendants appeal.

Two questions are presented, which the defendants state as follows:

“First: Did the lease by its own terms expire on the 20th day of October, 1920, unless oil or gas in paying quantities had been found upon said land?

“Second: If the lease did expire, were appellees estopped to secure a declaration of its termination and to evict appellants . . .?”

The first, question is answered by the lease…