DILWORTH v. FORTIER

No. 39843.

405 P.2d 38 (1964)

Charles B. DILWORTH et al., Plaintiffs in Error, v. Leo R. FORTIER and Wayne W. Wright, d/b/a Fortier and Wright, National Cooperative Refinery Association, a corporation, W. R. Yeager, M. P. Yeager and Roy John Evans, Defendants in Error. Earl H. TRENARY, Floyd Trenary, Margalee Hartman Gogos and Minnie Myra Woodruff, Plaintiffs in Error, v. Charles B. DILWORTH et al., Defendants in Error. NATIONAL COOPERATIVE REFINERY ASSOCIATION, a corporation, Wayne W. Wright, doing business as Fortier and Wright, John Roy Evans, W.R. Yeager and M.P. Yeager, Plaintiffs in Error, v. Charles B. DILWORTH et al., Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied September 30, 1964.

Application for Leave to File Second Petition for Rehearing Denied August 3, 1965.


Attorney(s) appearing for the Case

Robert G. Braden, Wichita, Kan., T. Murray Robinson, Oklahoma City, for Leo R. Fortier, and another.

Ross & Ross, Newkirk, for Earl H. Trenary, and another.

Janicke & Herlocker, Winfield, Kan., Rodgers & Gurley, Blackwell, Walter M. Doggett, Ponca City, by Neal A. Sullivan, Newkirk, for Charles B. Dilworth and another.


IRWIN, Justice:

National Cooperative Refining Association and Les R. Fortier and Wayne W. Wright, d/b/a Fortier and Wright, hereinafter referred to as Lessees, caused to be drilled six producing oil and/or gas wells on a quarter section of land in Kay County. The Lessees were operating under the terms of an oil and gas lease which had been executed by lessors who deraigned their title through tax sale proceedings.

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