Mansfield Gas Co. v. Alexander
Supreme Court of Arkansas
Appeal from, Scott Chancery Court; J. V. Bourland, Chancellor; The lease itself provides -the condition of forfeiture. Failure to begin the work of prospecting and developing the lands described therein “or other lands within four miles thereof within one year from the date of execution of the lease” would have worked a forfeiture; but, (the terms of the lease having been complied with in that respect, no other ground of forfeiture can be implied.
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Appeal from, Scott Chancery Court; J. V. Bourland, Chancellor; The lease itself provides -the condition of forfeiture. Failure to begin the work of prospecting and developing the lands described therein “or other lands within four miles thereof within one year from the date of execution of the lease” would have worked a forfeiture; but, (the terms of the lease having been complied with in that respect, no other ground of forfeiture can be implied. That there is an implied covenant to use reasonable diligence to develop the leased lands may be conceded, but a breach of such implied covenant…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by the appellee to cancel a mineral lease which by due and proper assignment by the lessee had been transferred to the appellant. The lease was executed on March 8, 1901, by the lessor, who was the owner of the land, in consideration of one dollar and the covenants therein contained. By its terms it leased the lands therein described for a term of 50 years for the purpose of mining, boring and operating lead, zinc, coal, gas;, oil and other minerals, and gave to the lessee the exclusive right to prospect for and mine said minerals during the continuance of the…
2Cases cited11 opinions
- Huggins v. DaleyCourt of Appeals for the Fourth Circuit · 1900
- Guffy v. HukillWest Virginia Supreme Court · 1890
- Petroleum Co. v. Coal, Coke, & Manufacturing Co.Tennessee Supreme Court · 1890
- Cowan v. Radford Iron Co.Supreme Court of Virginia · 1887
- Conrad v. . MoreheadSupreme Court of North Carolina · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Danciger Oil & Refining Co. v. PowellTexas Supreme Court · 1941
- Osborn v. Arkansas Territorial Oil & Gas Co.Supreme Court of Arkansas · 1912
- Blair v. Clear Creek Oil & Gas Co.Supreme Court of Arkansas · 1921
- Bodcaw Lumber Co. v. GoodeSupreme Court of Arkansas · 1923
- Missouri Pac. Rd., Thompson, Trustee v. StrohackerSupreme Court of Arkansas · 1941
38 more not listed; retrieve them via the Exa API.