Jones

The plaintiff brought this suit to quiet title to- one per cent of the oil produced from lots 63 to 72, inclusive, and lots 87 to 96, inclusive, of North Long Beach tract in Los Angeles County. From a judgment which was rendered in favor of the defendants this appeal was perfected.

As a foundation for his title to an undivided one per cent of the oil produced from said tracts of land, an oil lease was offered and received in evidence. This lease was executed October 10, 1922, for the term of twenty years, to Cal-Mex Oil & Refining Company. The consideration therefor was the agreement to deliver to the lessors one-fourth of all .oil, gas and other hydrocarbon substances which were produced. The lease recited that W. F. and Ellen I. Garrison, then husband and wife, owned lots 87 to 96 inclusive, and that W. F. and Agnes Pier, husband and wife, owned lots 63 to 72, inclusive. The lease was executed jointly by the four owners. It required the lessee to sink several wells within a specified time, at designated points on both tracts of land, and detailed the manner of the performance of the work. It was finally provided that if the lessee, after ten days’ notice of default, failed to…