Legal Opinion

Hague v. Ahrens

Court of Appeals for the Third Circuit

Decided November 10, 1892No. 3PublishedCited by 5 opinions

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In Error to tbe Circuit Court of the United States for the Western District of Pennsylvania. Action of ejectment brought by George H. Ahrens against W. W. Hague. Judgment for plaintiff. Defendant brings error. William H. Webb, being the owner of certain lands, made a lease thereof for 15 years to. O. & J. Siggins, for the purpose of mining for oil and gas. The lease contained the following clause: “This lease not to be sold, assigned, or transferred without the written consent of the party of the first part.” The lease also provided that the mining operations therein contemplated should be…

1Opinion of the Court

BUTLER, District Judge,

The errors assigned are as follows:

First. “In its answer to the said defendant’s first prayer for instructions to the jury, which prayer was as follows, to wit: ‘The lease from W. H. Webb to Or ín Siggins aud John Siggins, by its express terms, is not assignable, except by and with the consent in wilting of the said W. IT. Wobb, and, no such consent having been shown, the plaintiff has shown no such title under said lease as will support this action;’ and wan answered by the court as follows, to wit: ‘Refused.’ ”

Second. “In its answer to ¡he said defendant’s second…

2Cases cited1 opinion

Hynes v. EckerMissouri Court of Appeals · 1889

3Cited by5 opinions

Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
Johnson v. KurnCourt of Appeals for the Eighth Circuit · 1938
In re PennewellCourt of Appeals for the Sixth Circuit · 1902
Union Pac. Ry. Co. v. Travelers' Ins.Court of Appeals for the Eighth Circuit · 1897
In re LevinsonDistrict Court, W.D. Washington · 1923