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CROCKER v. HUMBLE OIL & REFINING COMPANY

No. 40613.

419 P.2d 265 (1965)

Maggie E. CROCKER et al., Plaintiffs in Error, v. HUMBLE OIL & REFINING COMPANY, a Corporation, et al., Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied November 9, 1965.

Application for Leave to File Second Petition for Rehearing Denied February 1, 1966.

As Corrected October 24, 1966.

Motion in Nature of Application for Third Petition for Rehearing Denied October 25, 1966.

Attorney(s) appearing for the Case

Fischl, Culp & McMillin, Earl Q. Gray, Ardmore, George C. Baldridge, Joplin, Mo., N.E. McNeill, Jr., Tulsa, for plaintiffs in error.

A.L. Deaton, Joseph A. Gill, Tulsa, James K. Schooler, Oklahoma City, Otey, Johnson & Evans, by Geo. N. Otey, Ardmore, for defendant in error Humble Oil & Refining Co.

HODGES, Justice.

This is an appeal and cross appeal from the district court of Carter County, Oklahoma, involving a judgment cancelling an oil and gas lease in part and issuing an alternative decree of cancellation in part.

On July 15, 1919, the oil and gas lease in question was executed covering ninety acres. The lease was subsequently divided into two parts — one part, containing forty acres, hereinafter...

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