Henderson v. Ferrell
Supreme Court of Pennsylvania
Appeal, No. 41, Oct. T., 1897, by defendants, from judgment of C. P. Washington Co., August Term, 1896, No. 22, on verdict for plaintiff. Ejectment for oil and gas under a tract of land in Cecil township. Before McIlvaine, P. J. The facts appear by tbe opinion of the Supreme Court and part of the charge of the court below which is as follows : It appeal's that on February 4, 1896, Albert Behling, the owner of this lot of ground, made a lease to Alex. Adams.
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Appeal, No. 41, Oct. T., 1897, by defendants, from judgment of C. P. Washington Co., August Term, 1896, No. 22, on verdict for plaintiff. Ejectment for oil and gas under a tract of land in Cecil township. Before McIlvaine, P. J. The facts appear by tbe opinion of the Supreme Court and part of the charge of the court below which is as follows : It appeal's that on February 4, 1896, Albert Behling, the owner of this lot of ground, made a lease to Alex. Adams. The-lease sets forth that it is made for the purpose and with the exclusive right of drilling and operating for petroleum and gas, and it…
1Opinion of the Court
Opinion by
Me. Justice McCollum,
On February 4, 1896, Albert Behling, being’ then the owner of the land in suit, leased the same to Alexander Adams “ for the purpose and with the exclusive right of drilling and operating for petroleum and gas.” By the terms of the lease the lessee was required to commence operations on the premises within thirty days from the date thereof, and on his failure to do so the lease was to be considered by the parties as “null and void.” On February 24, 1896, Adams assigned a half interest in the lease to Henderson. Nothing was done on the premises by the lessees or…
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