Gibbs v. Erbert

The opinion of the court was delivered by

Kaul, J.:

This is an action for the partition of an oil and gas lease and for an accounting between the owners of the lease. The ownership is not in dispute. A receiver was appointed and partition was had without objection. Two of the parties filed elections to take in opposition, the lease was sold and the receipts thereof in the amount of $7,700 are now held by the clerk of the district court.

This appeal was perfected by Harold Erbert, defendant below, from the judgment of the trial court in the accounting action. A procedural point was raised by…