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McINNES v. ROBINSON

No. 38132.

341 P.2d 577 (1959)

Archie McINNES and Joe H. Britten, Plaintiffs in Error, v. T.J. ROBINSON and Joe Marshall, co-partners dba Robinson-Marshall Drilling Co., Halliburton Oil Well Cementing Co., a corporation, and Lillard Pipe & Supply, a co-partnership composed of Rufus Lillard and Thomas M. Lillard, Defendants in Error.

Supreme Court of Oklahoma.

As Corrected July 20, 1959.

Rehearing Denied July 21, 1959.

Attorney(s) appearing for the Case

Charles Hill Johns, Gomer Smith, Jr., Anita Ellerbee, Lowell Clifton, Oklahoma City, for plaintiffs in error.

Abernathy & Abernathy, Shawnee, for defendant in error Robinson-Marshall Drilling Co.

Spurr & Steed, Shawnee, for defendant in error Lillard Pipe & Supply. Young, Young & Young, Sapulpa, for defendant in error Halliburton Oil Well Cementing Co.

BERRY, Justice.

On April 28, 1939, Nancy Wright leased the N/2 of NE/4 (hereafter referred to as "North 80"), and NE/4 of SE/4, and SE/4 of NW/4 of SE/4 (hereafter referred to as "South 50"), Sec. 17, T. 17N, R.8E, Creek County, Oklahoma, for oil and gas purposes to Tom C. Greer and J.O. Tilley, which lease remained in force and effect throughout the period of time here involved.

It appears that Archie McInnes, one...

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