Legal Opinion

South Penn Oil Co. v. Haught

West Virginia Supreme Court

Decided February 4, 1913PublishedCited by 19 opinions

Appeal from Circuit Court, Monongalia County. Bill by South Penn Oil Company against A. P. Haught, trustee of Joseph S. Smith. .Plaintiff’s bill was dismissed, and it appeals. :

1Opinion of the Court

Williams, Judge:

Claiming to be the owner of the one undivided fourth of the oil and gas in place under a certain tract of land containing 62 acres, situated in Battelle district, Monongalia county, owned by the defendant, Joseph S. Smith, plaintiff brought this suit against A. P. Haught, lessee of said Smith, and others, for an accounting for its alleged share of the oil produced from the land, and to enjoin further boring of wells. The court refused relief and dismissed plaintiff’s bill, and it has appealed.

It is important first to determine whether plaintiff is a joint tenant with said…

2Cases cited3 opinions

  1. Williamson v. JonesWest Virginia Supreme Court · 1897
  2. Stewart v. TennantWest Virginia Supreme Court · 1903
  3. Cecil v. ClarkWest Virginia Supreme Court · 1901

3Cited by19 opinions

  1. Paxton v. Benedum-Trees Oil Co.West Virginia Supreme Court · 1917
  2. Howard v. ManningSupreme Court of Oklahoma · 1920
  3. Prairie Oil & Gas Co. v. AllenCourt of Appeals for the Eighth Circuit · 1924
  4. Pittsburgh & West Virginia Gas Co. v. Pentress Gas Co.West Virginia Supreme Court · 1919
  5. Uphoff v. Trustees of Tufts CollegeIllinois Supreme Court · 1932

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