Newton v. Kemper
West Virginia Supreme Court
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
- Headley v. HoopengarnerWest Virginia Supreme Court · 1906
- Burlew v. QuarrierWest Virginia Supreme Court · 1880
- Edgell v. SmithWest Virginia Supreme Court · 1901
- Christian v. VanceWest Virginia Supreme Court · 1896
- Craig v. HukillWest Virginia Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Williams v. ColquettSupreme Court of Alabama · 1961
- Hill v. VencillWest Virginia Supreme Court · 1922
- Hope Natural Gas Co. v. ShriverWest Virginia Supreme Court · 1914
- Horse Creek Coal Land Co. v. TreesWest Virginia Supreme Court · 1915
- Carder v. MattheyWest Virginia Supreme Court · 1944
6 more not listed; retrieve them via the Exa API.