McWilliams
McWilliams v. Hopkins
Opinion
Lead Opinion
James, J.
Motion to dismiss the bill of complaint. Demurrer to the complaint. Application of plaintiffs for the appointment of a receiver pendente lite.
. This action is brought for the purpose of securing a judgment determining the rights of the plaintiffs against the defendants to oil being produced from a well operated by defendant Hudson. Plaintiff McWilliams was the lessee named in a certain lease .entered into by John S. Baker and Julia M. Baker, owners of the land upon which the oil well was drilled. The remaining plaintiffs have acquired interests by transfer from MeWilliams. So far as the questions necessary to be discussed at this time are concerned, MeWilliams, the original lessee, may be referred to as though he were the sole plaintiff.
By the allegations of the complaint it is asserted that MeWilliams, having acquired from the Bakers the right to drill for oil on the land involved — the lease being in form one for use upon a royalty basis — transferred to H. S. Howland and G-. A. Hopkins, copartners, the right given by said lease to drill the land for oil upon certain conditions. After a producing well was obtained on the property, Hopkins, in the name of the partnership of…