Marshall v. Mellon
Supreme Court of Pennsylvania
Appeal, No. 69, Oct. T., 1896, by plaintiff, from judgment of C. P. No. 1, Allegheny' County, Dec. T., 1890, No. 231,-non obstante veredicto. Assumpsit for accrued - rent upon an oil and gas .lease. Before Stowe, P. J. ■' At the trial it appeared that on the death of her husband the plaintiff became vested with a life estate in the land covered by the lease, and that it had never been operated for oil or gas.
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Appeal, No. 69, Oct. T., 1896, by plaintiff, from judgment of C. P. No. 1, Allegheny' County, Dec. T., 1890, No. 231,-non obstante veredicto. Assumpsit for accrued - rent upon an oil and gas .lease. Before Stowe, P. J. ■' At the trial it appeared that on the death of her husband the plaintiff became vested with a life estate in the land covered by the lease, and that it had never been operated for oil or gas. On February 17, 1885, plaintiff executed a lease of the land to W. A. Mellon for the sole purpose of mining for oil and • gas. The lease was for the full term of plaintiff’s life, and…
1Opinion of the Court
Opinion by
Mr. Justice Green,
In Stoughton’s Appeal, 88 Pa. 198, we said “ Oil, however, is a mineral, and being a mineral is part of the realty. Funk v. Haldeman, 53 Pa. 229. In this it is like coal or any other mineral product which in situ forms part of the land.” In Gill v. Weston, 110 Pa. 312, we said of petroleum, “ It is a mineral substance obtained from the earth by a process of mining, and lands from which it is obtained may with propriety be called mining lands.” In Westmoreland Nat. Gas Co. v. De Witt, 130 Pa. 235, we said, “ Gas it is true is a mineral, but it is a mineral with…
2Cases cited6 opinions
- Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
- Funk v. HaldemanSupreme Court of Pennsylvania · 1867
- Blakley v. MarshallSupreme Court of Pennsylvania · 1896
- Appeal of StoughtonSupreme Court of Pennsylvania · 1879
- Gill v. WestonSupreme Court of Pennsylvania · 1885
1 more not listed; retrieve them via the Exa API.
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- Independent Oil and Gas Association v. Board of AssessmentSupreme Court of Pennsylvania · 2002
- Ohio Oil Co. v. DaugheteeIllinois Supreme Court · 1909
- Pace v. State Ex Rel. RiceMississippi Supreme Court · 1941
- Lanyon Zinc Co. v. FreemanSupreme Court of Kansas · 1904
40 more not listed; retrieve them via the Exa API.