Delaney

Plaintiff sued to quiet title to a leasehold interest for the exclusive right to drill, develop and remove petroleum, natural gas, asphaltum and other kindred substances from certain real property. The cause was tried before the court, which made findings and judgment in favor of the plaintiff from which the defendants appeal upon typewritten transcripts.

The complaint pleaded plaintiff’s leasehold interest in the real property which gave to the plaintiff the exclusive right to drill, develop and remove all petroleum and kindred substances from the land for a period of twenty years. It was also alleged that the plaintiff was in possession of the premises and of all petroleum, natural gas, asphaltum and other kindred substances situated upon and contained in said premises; that the defendants claim some estate or interest therein, but that they had no estate or interest whatsoever “in said lease and/or to the oil, petroleum, gas, asphaltum and/or other kindred substances situated and being within said leasehold and said premises”. These allegations were followed by the usual prayer for a decree quieting plaintiff’s title to the lease of the premises and to the oil and kindred…