Civil Procedure Keyed to Cound
Hancock Oil Co. v. Independent Distributing Co
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Plaintiffs Hancock Oil Co. and R.R. Bush Oil Co. leased land from the Defendants Hopkins. Royalties on the land accrued. Defendant Independent Distributing Co., (“Independent”), a co-partnership, claimed that the Hopkins held the land in trust for it and that royalties should be paid to Independent. The Hopkins claimed the royalties should be paid to them, as landowners. Plaintiffs brought an interpleader action against both Defendants in order to have Defendants determine to whom Plaintiffs owed the royalties. Defendants Hopkins demurred, which the court sustained, on the ground that a tenant may not question the landlord’s title to the land on the date of the lease. Plaintiffs appealed.
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