SPIER v. BARNHILL

No. 1269.

168 So.2d 479 (1964)

J. L. SPIER, Plaintiff-Appellee, v. Myrtis Davis BARNHILL et vir, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

October 27, 1964.


Attorney(s) appearing for the Case

Gahagan & Gahagan, by Russell E. Gahagan, Natchitoches, for defendants-appellants.

John P. Godfrey, Many, for plaintiff-appellee.

Before TATE, FRUGÉ, and CULPEPPER, JJ.


TATE, Judge.

A mineral lessee sues to recover the $1112.50 consideration paid by him to obtain the lease. He was awarded judgment, and the defendant lessors appeal.

The mineral lessee was awarded return of the consideration on the ground that the defendant lessors did not own the minerals under the lease leased by them, title to which they had expressly warranted. The trial court held that the leased land was still subject to a 1927 mineral reservation by...

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