Birmingham v. Mccoy

1 In this action, plaintiff in error, George G. Birmingham, Jr., as the owner of an undivided interest in an oil and gas lease purportedly covering the E/2, NE/4, Sec. 18, T. 14N, R. 9E, Creek County, Oklahoma, sought judgment decreeing that (1) neither I.N. Johnson nor his heirs had any right, title or interest in the minerals underlying a certain portion of the above described real estate; that (2) neither Mittie Lee Tomlin nor her heirs had any right, title or interest in the minerals underlying another portion of said 80 acres; that (3) his title be quieted as to persons named in the petition as defendants. Plaintiffs in error, George Birmingham, George Asthalter, William Wagner, Samuel Lasky, Walter Toaspern, Edson J. Tegler, Joseph R. Fersch and Clifford Poley, as the owners of the remaining undivided interest in said oil and gas lease, filed a petition in intervention in which they adopted the allegations of George G. Birmingham, Jr.s petition and sought the same relief that the latter sought. The referred-to plaintiffs in error will be referred to herein as "lessees".