ARKANSAS LOUISIANA GAS COMPANY v. EVANS

No. 5-2148.

338 S.W.2d 666 (1960)

ARKANSAS LOUISIANA GAS COMPANY et al., Appellants, v. C. E. EVANS, Appellee.

Supreme Court of Arkansas.

October 3, 1960.


Attorney(s) appearing for the Case

Daily & Woods, by James E. West, Fort Smith, Blanchard, Goldstein, Walker & O'Quin, Shreveport, La., for appellants.

Sexton & Holland, by Sam Sexton, Jr., Fort Smith, for appellee.

Gaughan & Laney, Camden, Mahony & Yocum, Crumpler & O'Connor, El Dorado, John M. Smallwood, Russellville, McKay, Anderson & Crumpler, Keith, Clegg & Eckert, Magnolia, Smith & Sanderson, Texarkana, amici curiæ.


GEORGE ROSE SMITH, Justice.

The basic question here is whether the lessee of an oil and gas lease is estopped to deny the title of the lessor, especially when the lease contains a clause requiring payment of royalties to the lessor only to the extent of his mineral ownership. The chancellor held that the ordinary rule of estoppel as between landlord and tenant is applicable to oil and gas leases. Upon that premise he required the appellants, as lessees, to pay royalties...

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