Brown v. Beecher
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 297 January Term 1886, Sup. Ct.; court below, No. 95 December Term 1883, C. P. On November 7, 1883, a summons in ejectment was issued in an action by J. M. Brown against M. Beecher and W. H. Copeland, as Beecher & Copeland, and The First N. Bank of Warren, to recover the undivided halves of two oil-leaseholds in Mead township, known as leaseholds Nos. 46 and 47, each containing three acres, more or less.
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ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 297 January Term 1886, Sup. Ct.; court below, No. 95 December Term 1883, C. P. On November 7, 1883, a summons in ejectment was issued in an action by J. M. Brown against M. Beecher and W. H. Copeland, as Beecher & Copeland, and The First N. Bank of Warren, to recover the undivided halves of two oil-leaseholds in Mead township, known as leaseholds Nos. 46 and 47, each containing three acres, more or less. The plea was, not guilty. At the trial on October 8, 1885, it was admitted by the abstracts that the lands on February 3, 1882,…
1Opinion of the Court
Opinion,
Me. Justice Claek :
The contract of February 3, 1882, between Comen and Marsh, is not a mere license as in Funk v. Haldeman, 53 Pa. 229, for in that case the words of the grant amounted neither to a lease nor a sale of the land, nor of any of the minerals in the land. Funk’s right was therefore declared to be a license to work the land for minerals, a license coupled with an interest which the licensor could not revoke. Nor does the contract of February 3, 1882, import a sale of all the oil, gas and other minerals in the land, absolutely; the cases of Caldwell v. Fulton, 31 Pa. 476;…
2Cases cited11 opinions
- Funk v. HaldemanSupreme Court of Pennsylvania · 1867
- Sanderson v. City of ScrantonSupreme Court of Pennsylvania · 1884
- Appeal of StoughtonSupreme Court of Pennsylvania · 1879
- Ridgway, Budd & Co.'s AppealSupreme Court of Pennsylvania · 1850
- Kile v. GiebnerSupreme Court of Pennsylvania · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Barnsdall v. Bradford Gas Co.Supreme Court of Pennsylvania · 1909
- Davis v. Investment Land Co.Supreme Court of Pennsylvania · 1929
- State v. EvansSupreme Court of Minnesota · 1906
- State v. South Penn Oil Co.West Virginia Supreme Court · 1896
- Hummel v. McFaddenSupreme Court of Pennsylvania · 1959
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