McCOMB, J.
From a judgment in favor of plaintiff in an action for declaratory relief and to quiet title to property, defendants appeal.
Facts: July 1, 1945, plaintiff executed an oil and gas lease in favor of defendant H.P. Oates as lessee. The lease contained among other provisions the following:
"5. Commencing with the Sept. 1st, 1945, of the term hereof, if the Lessee has not theretofore commenced drilling operations on said land or terminated...
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