Osborn v. Arkansas Territorial Oil & Gas Co.
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; The court erred in allowing appellants only one-eightieth part of the rent from all wells on the forty acre tract. Appellants are entitled to rental for all gas wells producing on their half acre after the execution and delivery of their deed.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; The court erred in allowing appellants only one-eightieth part of the rent from all wells on the forty acre tract. Appellants are entitled to rental for all gas wells producing on their half acre after the execution and delivery of their deed. Archer’s Law & Practice in Oil and Gas Cases, 884; Id. 894, § 14; 68 O.'st. 259; 67 N. E. 494; 39 W. Va. 231; 43 W. Va. 826; 50 Id. 344; Id. 299; Gould on Waters, § 291; 88 Pa. 198; 53 Pa. 229. The doctrine announced by the Pennsylvania court as is directly in point,…
1Opinion of the CourtFrauenthal, J.
In March, 1906, T. N. Sloat, being the owner and in possession of a tract of land containing eighty acres situated in Sebastian County, executed to one S. S. Smith an oil and gas lease covering the entire tract. This lease was acknowledged by the lessor, and was duly recorded on April 5, 1906. Thereafter the Arkansas Territorial Oil & Gas Company acquired and became the owner of said lease by mesne conveyances from the original lessee. By the terms of said lease the lessor did “grant; demise and let unto the said lessee all the oil and gas in and under ‘said land/ and also said tract of land…
2Cases cited6 opinions
- Brown v. SpilmanSupreme Court of the United States · 1895
- Funk v. HaldemanSupreme Court of Pennsylvania · 1867
- Williamson v. JonesWest Virginia Supreme Court · 1894
- Wilson v. YoustWest Virginia Supreme Court · 1897
- Mansfield Gas Co. v. AlexanderSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Japhet v. McRaeTexas Commission of Appeals · 1925
- Gibson v. PickettSupreme Court of Arkansas · 1974
- Bodcaw Lumber Co. v. GoodeSupreme Court of Arkansas · 1923
- Missouri Pac. Rd., Thompson, Trustee v. StrohackerSupreme Court of Arkansas · 1941
- Pierce Oil Corporation v. SchachtSupreme Court of Oklahoma · 1919
58 more not listed; retrieve them via the Exa API.