NILES v. LUTTRELL

No. 125.

61 F.Supp. 778 (1945)

NILES et al. v. LUTTRELL et al.

District Court, W. D. Kentucky, Bowling Green.

July 12, 1945.


Attorney(s) appearing for the Case

Norton L. Goldsmith, and E. J. Wells, both of Louisville, Ky., for plaintiffs.

Laurence B. Finn, of Bowling Green, Ky., and J. G. Smith, of Albany, Ky., for defendants.


SWINFORD, District Judge.

This is an action to enjoin a trespass.

On October 15, 1940, R. I. Luttrell and Clora Luttrell executed a writing, whereby they leased the oil and gas rights in their farm containing 450 acres to C. F. Lowther. The lease was shortly thereafter assigned and transferred to the plaintiffs.

The lease contained the following provision: "And further, to locate and commence a well on said premises within 30 days from the date hereof...

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