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BRENIMER v. COCKBURN

No. 5658.

254 F.2d 821 (1958)

Charles J. BRENIMER and James R. Brenimer, Executors of the Estate of C. J. Abrams, Deceased, and W. K. McGlothlin, Appellants, v. M. B. COCKBURN, R. T. Goldsworthy, Harold L. Baker, A. F. Goldsworthy, Grant H. Bagley and R. S. Fox, Appellees.

United States Court of Appeals Tenth Circuit.

April 24, 1958.

Attorney(s) appearing for the Case

Richard S. Kitchen, Denver, Colo. (Dawson, Nagel, Sherman & Howard, and Raymond J. Turner, Denver, Colo., were with him on the brief), for appellants.

Harry H. Ruston, Denver, Colo., for appellee R. S. Fox.

John U. Loomis, of Loomis, Lazear & Wilson, Cheyenne, Wyo., and Grant H. Bagley, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, submitted a brief for appellees other than R. S. Fox.

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and RICE, District Judge.

PICKETT, Circuit Judge.

Plaintiffs brought this action for an adjudication that their interest in oil and gas produced from leased lands located in Big Horn County, Wyoming, was in the nature of an overriding royalty. All the defendants except Fox1 had acquired a 50% working interest in the leases, and were obligated to develop the same. While in the process of drilling a well on the leased premises, Cockburn, et al., for a cash payment...

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