Supreme Court of Oklahoma June 18, 1963, 40159 (Womble v. Mahoney)

JOHNSON, Justice.

Prior to the time this controversy arose, the plaintiff in error, Marvin Womble, hereafter referred to as defendant, was the owner of the surface of Lots 1 and 2, Block 6, Sunrise Addition to Healdton, Carter County, Oklahoma. The defendant in error, hereafter referred to as plaintiff, was the owner of the mineral estate underlying said land.