HERNDON, J.
Plaintiff appeals from a judgment which followed an order sustaining a general demurrer to his fifth amended complaint without leave to amend. By this pleading plaintiff attempted to allege a cause of action for the taking or removing of oil and gas from land in which plaintiff claims an interest by means of a slant drilled well having a surface location on adjoining land. By its demurrer, defendant invoked the provisions of section 349 3/4 of the Code...
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