In November 1933, Bennie Shaw deeded a tract of land to Mark Greer (plaintiff). The deed was not recorded at that time. On May 28, 1936, Shaw executed an oil and gas lease to Carter Oil Company (Carter) (defendant). Approximately two years later, the conveyance to Greer was recorded. The Carter lease was for a primary term of three years, until May 28, 1939, and as long thereafter as oil or gas was produced on the land. In October 1938, Greer brought suit to quiet title to the land, claiming that the Carter lease was invalid. During the pendency of the litigation, the lease expired without a producing well. The circuit court found that the Carter lease was valid, and awarded Carter a reasonable amount of time after the opinion was issued to fulfill the terms of the lease necessary to extend the primary term. Greer appealed.