Consolidated Gas Supply Corp. v. Riley

Miller, Justice:

Appellants complain about the propriety of a summary judgment obtained by appellee, Consolidated Gas Supply Corporation (herein Consolidated Gas) in a partition suit it filed against appellants who were individual co-owners of oil and gas underlying three tracts of land in Lewis County. We reverse.

Consolidated Gas alleged in its complaint that it was the owner of an eleven-twentieths undivided interest and the lessee of all the oil and gas underlying the three tracts of land. It also stated that the oil and gas property was incapable of being partitioned in kind and that *784the…