McMAHAN v. BOGGESS


302 S.W.2d 592 (1957)

Roy F. McMAHAN et al., Appellants, v. Paul BOGGESS et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 21, 1957.


Attorney(s) appearing for the Case

Robert E. Humphreys, Jr., Humphreys, Jones, Beard & Connor, Owensboro, for appellants.

Ridley Sandidge, Byron, Sandidge & Holbrook, Owensboro, for appellees.


CLAY, Commissioner.

This suit was brought by appellee lessors to cancel an oil and gas lease upon 314 acres of land in Muhlenberg County, executed in March 1950. The Chancellor granted the relief sought, excepting 10 acres immediately surrounding a well that had been drilled by the lessees.

The lease was for a primary term of five years and for so long thereafter as gas or oil was produced. It required the lessees to commence drilling within one year or pay...

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