Ison v. Edra Lee Oil Gas Company

Opinion of ti-ie Court by

Drury, Commissioner

Reversing.

John Ison, having been unsuccessful in Ms efforts to free Ms 800-acre farm of an oil and gas lease thereon, has appealed. Ison made this lease to James Potter on April 15, 1922. It was then a top lease, and any one desiring to learn how the other lease was eliminated -should read Sawyer v. Potter, 223 Ky. 359, 3 S. W. (2d) 758, and Batten v. Campbell, 223 Ky. 363, 3 S. W. (2d) 760. This lease contained this provision:

“Said party is to have and hold the said premises for the said purpose only for a term of five years next ensuing the day…