MOISE, Justice.
This is an action in jactitation or slander of title, which was converted by the pleadings into a petitory action. It was instituted by John D. Bates, as surface-owner, to have Alexander S. Monzingo, J. S. Rushing, and Jerome K. Crossman "barred from claiming or asserting any kind of claim, right, title or privilege in, to, on or against said property", that is, the minerals underlying the
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