185 Ind. 156 | Ind. | 1916
— This proceeding has its origin in an action commenced in the Grant Circuit Court on June 20, 1901, by all of the appellees, except the Crown Oil Company, to quiet title to certain land in Grant county as against an oil lease contract thereon which was held by the Crown Oil Company through assignment from its codefendants. The Crown Oil Company subsequently filed a cross-complaint against the other parties to the action to quiet its title to the rights granted by said lease contract, and to recover damages from the appellants herein for oil taken by them from wells which they had drilled on the land in question under another lease contract. . Such further proceedings were had as resulted in a judgment in favor of the. plaintiffs on their complaint and against the Crown Oil Company on its cross-complaint, but on appeal that judgment was reversed by this court (New American, etc., Co. v. Troyer [1905], 166 lnd. 402, 76 N. E. 253, 77 N. E. 739), and the cause remanded for a new trial. A change of venue was then taken to the Madison Circuit Court and such proceedings
Appellants concede, in effect, that this reasoning may be applicable in ordinary eases of trespass and conversion of property, but they insist that a different rule applies in the conversion of oil and like minerals which by nature are migratory, volatile,
Appellants contend, however, that before they could, under any circumstances, be charged with interest on money received by them from the sale of oil, they were entitled, first, to have deducted therefrom the cost of production of such oil. Assuming, without deciding, that appellants’ position is well taken, we are unable to say from a consideration of the facts found specially by,the trial court that a different rule was adopted ,in fixing the several charges and credits which determined the amount ,of the judgment.
No error appearing in the record, the judgment of the trial court is affirmed.