Connellee v. Magnolia Petroleum Co.

This suit was instituted by Earn T. Connel-lee and others June 7,1930, for the value of oil alleged to have been taken from the plaintiffs’ land under a lease contract executed by the plaintiffs in favor of the Magnolia Petroleum Company. The defendant interposed various defenses, among them general denial and res adjudicata. The trial resulted in an instructed verdict in favor of the defendant, and from a judgment thereon this appeal is prosecuted.

The wrong charged to the defendant is that it took the plaintiffs’ oil without paying therefor under the one-eighth royalty provision of the-…