Hasquet

So far as deemed material to a proper understanding of the questions presented for decision, the allegations of the complaint in this case are as follows: That on April 15,1921, the plaintiffs entered into a contract with one Allen, agreeing to lease to him the oil and g'as privileges underlying certain lands owned by the plaintiffs in the state of Montana.; that, pursuant to this contract, the plaintiffs executed and delivered the oil and gas lease to Allen; that on July 14, 1921, Allen assigned the oil and gas lease -to the defendant, and the lease and the assignment were placed of record'*; that, at the time of the execution and delivery of the oil and gas lease, the plaintiffs were, ever since have been, and now are, the owners of the premises therein described; that, during the first part of August, 1921, the defendant promised and agreed to pay to the plaintiffs the sum of $640 as provided in the contract for the oil and gas lease, but has wholly failed and refused to do so; that on April 28,1922, the plaintiffs instituted a suit in the court below against Allen, the defendant herein, and others to annul and cancel the oil and gas lease; that more than 20 days prior to the…