Lester v. Mid-South Oil Co.

KNAP PEN, Circuit Judge.

Appeal from an order dismissing plaintiff’s suit to have an oil and gas .lease adjudged null and void. By writing dated April 9, 1917, appellant leased to one Darby 100 acres of iand in Johnson county, Ky., for the sole purpose of drilling and operating for oil and gas, with attendant rights and privileges, at a royalty of one-eighth of the oil produced, and $100 annually for each well yielding gas only.

The term clause provided that the lease should remain in force “for a term of five years from this date, and as long thereafter as oil or gas, *662or either of them, is…