here, not only to estop appellant to be heard on his allegations of fraud, but as a bar against the maintenance and prosecution of that complaint in this court. Obviously the purpose of the bill, as shown by its prayer, was to obtain an order vacating the order of January 3, 1923. It omitted any reference to the settlement of royalties as between Folk and Page and the former's assignment thereof for a consideration to the latter on December 30, 1922, to Folk's petition that the probate court enter its order approving that settlement and assignment and the substitution of Page in his stead as being entitled thereto. But the defendants in their answer alleged that Folk in his tendered bill, filed with his petition for leave toobligation shall be void, otherwise the same shall be and remain in full force and virtue."
Clearly the bonds required an accounting from Page for what he might realize on oil and gas under the lease, less the cost and expenses of its operation. He could retain no profits. He could reimburse himself out of what he received for minerals only to the extent stated, the costs and expenses of operation. It thus seems apparent that the bonds were not given for the protection of Minnie Folk, the lessor, but for the claimants adverse to her, the United States and Nancy Atkins, in event they or either of them should be successful in the litigation. To apply the conditions to Minnie Folk and her assigns would have been to