Legal Opinion

Munroe v. Armstrong

Supreme Court of Pennsylvania

Decided November 26, 1880PublishedCited by 23 opinions

Error to the Court of Common Pleas of Butler county: Of October and November Term 1879, No. 132. Ejectment by A. M. Munroe against M. K. Armstrong, William Storey and A. B. Clark. This action was brought to recover the possession of ten acres of land, a paid of the Eli Beep farm, situate in. Eairview township, Butler county, Pa., both parties claiming title through Beep.

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Error to the Court of Common Pleas of Butler county: Of October and November Term 1879, No. 132. Ejectment by A. M. Munroe against M. K. Armstrong, William Storey and A. B. Clark. This action was brought to recover the possession of ten acres of land, a paid of the Eli Beep farm, situate in. Eairview township, Butler county, Pa., both parties claiming title through Beep. On the 31st of July 1877, Eli Beep, the owner of a large tract of land, executed a lease of ten acres thereof to A. B. Clark and Boss Lilly, for oil purposes, for the term of twenty years,'reserving as a royalty or rent,…

1Opinion of the Court

Mr. Justice. Trunkey

delivered the opinion of the court, November 26th 1880.

The lease from Reep to Clark & Lilly is for the term of twenty years, unless forfeited; exclusively for the purpose of producing oil; the work to be commenced in ten days, and continued with due diligence until success or abandonment; and if the lessees fail to get oil in paying quantities, or cease to work for thirty days at any time, the lease to be forfeited and void. As respects diligent prosecution of the work by the lessees, and what act of theirs would annul the lease, there is no room for interpretation, for…

2Cited by23 opinions

  1. Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
  2. Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
  3. Superior Oil & Gas Co. v. MehlinSupreme Court of Oklahoma · 1910
  4. Indiana Oil, Gas & Development Co. v. McCrorySupreme Court of Oklahoma · 1914
  5. Monarch Oil, Gas & Coal Co. v. RichardsonCourt of Appeals of Kentucky · 1907

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