Legal Opinion

Newton v. Kemper

West Virginia Supreme Court

Decided November 2, 1909PublishedCited by 11 opinions

Appeal from Circuit- Court, Mason County. Bill by Jennie M. Newton against Thomas H. Kemper and others. Decree for defendants, and complainant appeals.

1Opinion of the Court

Miller, President:

The decree appealed from dissolved the preliminary injunction stopping drilling for oil and gas by defendants under a lease from plaintiff, and dismissed her bill.

The plaintiff sought cancellation and removal of said lease as a cloud, on her alleged title; charging the lease to be void for want of consideration, want of mutuality in the covenants, and for uncertainty in the description of the land; and because by its terms the lease, if otherwise valid, had become forfeited for failure of the lessee to drill a well on the premises as soon as the well, then being drilled on…

2Cases cited8 opinions

  1. Headley v. HoopengarnerWest Virginia Supreme Court · 1906
  2. Burlew v. QuarrierWest Virginia Supreme Court · 1880
  3. Edgell v. SmithWest Virginia Supreme Court · 1901
  4. Christian v. VanceWest Virginia Supreme Court · 1896
  5. Craig v. HukillWest Virginia Supreme Court · 1892

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Williams v. ColquettSupreme Court of Alabama · 1961
  2. Hill v. VencillWest Virginia Supreme Court · 1922
  3. Hope Natural Gas Co. v. ShriverWest Virginia Supreme Court · 1914
  4. Horse Creek Coal Land Co. v. TreesWest Virginia Supreme Court · 1915
  5. Carder v. MattheyWest Virginia Supreme Court · 1944

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API