Marchant v. Layton

The opinion of the court was delivered by

Wedell, J.:

This was an action in which landowners in their first cause of action sought to obtain cancellation of an oil and gas lease and judgment quieting their title by reason of alleged failure to develop the lease in harmony with implied covenants to develop, for waste and failure to use reasonable diligence in the operation of the lease, for an injunction to prevent alleged waste and for an accounting of oil and gas removed from the land.

In the second cause of action plaintiffs sought damages for alleged wrongful removal of water from the leased…