Fletcher

The purpose of this action was to have certain property and rights therein, legal title to which was vested in defendants Warring, Arundell, and Narver, declared to be the subject of a trust in favor of plaintiff.

Judgment went for defendants, from which plaintiff has appealed.

On November 1, 1910, the Southern Refining Company leased certain prospective oil lands, of which it had the possessory right, to Defendants Warring,- Arundell, and Narver. The lease provided that the lessees should, at their own expense, keep up the assessment work on the lands as required by law, and further provided that in case they should fail to commence operations under the terms of the lease by July 4, 1911, they should pay to the lessor the sum of $100 per month for each and every month in which they should make such default in the commencement of operations. The lessees made default in performing the covenants of the lease, and thereupon the lessor, on March 6, 1913, by written instrument transferred and assigned the lease, together with all rights of action arising from the breach thereof, to F. H. Allen who, on March 13, 1913, instituted an action against said lessees to recover as damages the…