The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1922-03-08
Sheriff Ordered To
Take Charge Of Oil
Property By Court
CONTINUED from Page One)

Continued from Page One)
lease executed on February 8, 1917, by
the defendants, l.. II. and Levicia
Thompson. covering the north half Of
the northwest quarter Of the north.
east quarter of section q, 4s-2w, which,
allege the plaintiffs, contained the
agreement that the same was in force
for a period of five years from date
and as long thereafter as oil or gas
was produced. The plaintiffs allege
that neither of the defendants named
produced oil on the premists and that
,he lease expired on February ., 1922
Sheriff Takes Charge.
1t will be remembered that Simpson
et al were recently awarded judgment
in their favor by supreme court
mandate which held their lease on the
property as valid, and Franklin's lease
as void. Judge T. w. Champion, pre-.
siding in district court Tuesday, or
dered the sheriff to take charge of the
property. to make an inventory and
return II TO the court for further pro-
cedure.
Simpson ct al As1Onished.
Simpson and associates, when inter.
seYed this morning relative to the
suit launched against them by Brown
and Williams. expressed astonishment
that any such sNit should be brought
by any lessons or owners Of land
under the oil lease. who had been ac-
cepting the royalties in full at all times
without question, they claimed
They stated that Mr.. Franklin took
possession Of the leases under contract
with an alleged agent of the lessee
who sold the leases TO Heenan, Simp.
son and Anderson, and brought suit in
the district court for specific perform.
ancc OF the contract to assign the
leases, The district court gave Frank
lin a decree. holding that he was en-.
titled to the leases as was the equita.
bic assignee thereof.
Operated Under Lease.
"Alr. Franklin" they said. operated
tho property under the leases as
awarded him by the deciNe OF the dis.
trlct court and paid the royalty own.
re, his wife. MRS. Franklin. among
ne number. They accepted the roy.
ltcs without any complaint. but now
lain that inasmuch as the courts de.
ayed the decision in Franklin's case
until the five.year drilling period, stat
td In tho leases. expired In February.
1899. That, therefore. The royalty own.
rs are entitled 10 have the leases
ancelled because Simpson and Hccnan
lid not operate. although they could
not operate while Franklin was oyer.
ating under order Of court
Had Mandate Stayed
After the supreme court decided
the case against Franklin. his attor.
acys had the mandlte stayed FOR 10
lays additional time 10 file brief on
reheoring and waited until the last
day to file their brief. After they
finally lost the case thye got the man.
,,ate stayed another ten days to allow
them To file "a second petition to re.
hear. which they never filed. The su.
preme court rendered its final decision
m February :, 1929, the day the five.
year drilling period expired on one
lease. and then Franklin got the man.
date stayed for ten days. which held
up the Judgment Of the supreme court
until after period OF time in the sec.
and lease expired. The leoases. how.
ever. ran for five years. ana as long
ns ol land gas are found. and we have
no doubt about the continued life Of
the leases as oil and gas have been
found and the lease Is operating and
being now operated and the lessons
taking their royalties"