BEENE v. MIDSTATES OIL CORPORATION

No. 13696.

169 F.2d 901 (1948)

BEENE v. MIDSTATES OIL CORPORATION.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied October 11, 1948.


Attorney(s) appearing for the Case

H. S. Yocum, of El Dorado, Ark., and W. H. Bronson, of Shreveport, La. (Mahony & Yocum, of El Dorado, Ark., and Tucker, Bronson & Martin, of Shreveport, La., on the brief), for appellant.

Charles W. Barnes, of Tulsa, Okl., and Jeff Davis, of El Dorado, Ark. (Davis & Allen, of El Dorado, Ark., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and COLLET, Circuit Judges.


WOODROUGH, Circuit Judge.

This civil action was brought by S. J. Beene, the owner of oil bearing lands in Columbia County, Arkansas, against Midstates Oil Corporation, to obtain cancellation for fraud of a lease executed by plaintiff to defendant and to recover amounts alleged to be due the plaintiff under those terms of the lease which provide for the payment of royalty on production of oil and gas called overriding royalty additional

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