Somers v. Harris Trust & Savings Bank

Harman, C.J.:

This is an action by a subsequent lessee against a prior lessee of the north eighty acres of a 160 acre oil and gas lease. The plaintiff sought cancellation of the defendant’s lease and quieting of the leasehold interest in himself. The case was submitted to the trial court upon an agreed statement of facts. The whole concern is the effect of unitization of the south eighty acres of defendant’s leasehold acreage and production elsewhere within the unit. The trial court granted the requested relief and defendant has appealed.

The lease interest at issue here is the west half of the…