DAVISON, Justice.
This is an action for damages to realty, allegedly resulting from oil, waste, refuse and salt water from oil and gas wells being allowed to flow over the surface of the land in violation of 52 O.S. 1951 § 296. It was brought by N.E. Clark and Grace Clark, as plaintiffs, against J.E. Jackson, as defendant, the oil and gas lessee of an adjoining tract of land. The parties will be referred to as they appeared in the trial court.
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