Slater

This is an action to quiet title. From a judgment in favor of plaintiffs, the defendants appeal.

It is conceded that plaintiffs are the owners in fee of the real property in controversy. The defendants claim an interest therein as lessees, under the terms of a written lease and sublease. The court below found the rights or claims of defendants forfeited through failure to comply with the terms and requirements of the lease. The lands involved were demised under what is generally known as a lease for the discovery and development of oil. By its terms it provided as follows:

The lessee commenced operations, and well No. 1, being the only well drilled, was put down to a depth of 4,350 feet. At that point further drilling ceased, and the well was put upon production. The drilling was completed on or about November 30, 1927. As far as the record discloses production did not begin until January, 1928, and the working schedule and the results are as follows:

From these figures appellants contend that there was no discovery of oil in paying quantities as the term is defined in the lease, paragraph 15. This phase of the appeal becomes important from the fact that the sole breach claimed…