Dunham & Shortt v. Kirkpatrick
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren cownty: Of January Term 18S2, No. 162. Trespass quare clausum fregit, by James Kirkpatrick against C. Dunham and Alfred Shortt, for entering and boring for petroleum oil, and for cutting timber upon the plaintiff’s premises. Plea, not guilty.
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Error to the Court of Common Pleas of Warren cownty: Of January Term 18S2, No. 162. Trespass quare clausum fregit, by James Kirkpatrick against C. Dunham and Alfred Shortt, for entering and boring for petroleum oil, and for cutting timber upon the plaintiff’s premises. Plea, not guilty. The following case stated was submitted for the opinion of the court: The plaintiff is the owner of one hundred and ten acres of land, more or less, being the south part of tract No. 109 in Meade township, Warren county, Pa., which lie purchased from E. G. Wood and others, by article of agreement, dated Dec.…
1Opinion of the CourtJustice Gordon
The reservation in the agreement of December 5th 1870, between Wood & Co. and Kirkpatrick, is of “all timber suitable for sawing, also all minerals.” The defendants, who claim under a lease from the vendors, in the agreement above stated, contend that it is their right, under the reservation, to enter upon, and take from, the premises in said agreement described, all the petroleum, or mineral oil, that may be found therein. This contention can be sustained only under the hypothesis that the word “minerals” in the reservation includes petroleum. The court below refused to sustain the…
2Cases cited2 opinions
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