Freeland v. South Penn Oil Co.
Supreme Court of Pennsylvania
Appeal, No. 157, Oct. T., 1898, by plaintiff, from decree of C. P. Gbeene Co., No. 17, in equity. Bill in equity to declare a forfeiture of an oil and gas lease. Taylor, J., of the 27th judicial district, specially presiding, filed the following opinion: TACTS POUND.
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Appeal, No. 157, Oct. T., 1898, by plaintiff, from decree of C. P. Gbeene Co., No. 17, in equity. Bill in equity to declare a forfeiture of an oil and gas lease. Taylor, J., of the 27th judicial district, specially presiding, filed the following opinion: TACTS POUND. (a) Hugh Smith being the owner in fee of a tract of land in Springhill township, Greene county, containing fifty acres, conveyed the same to William Johnson, one of the lessors to the lease in dispute, on September 29, 1882, for the consideration of $1,000, which deed was acknowledged on said day and recorded January 11, 1888, in…
1Opinion of the Court
Opinion by
Mk. Justice Fell,
The finding by the court that there was no ground for de*64daring the lease to Guffey and Queen, now held by the South Penn Oil Company, forfeited, is abundantly sustained by the testimony, and the part of the decree dismissing the bill was properly entered. It follows from this finding that the lease for the same land subsequently made to Fisher and assigned to the plaintiff is invalid. Our doubt has been whether that part of the decree which directs the surrender for cancellation of the Fisher lease can be sustained under the pleadings, there being no cross bill.
The…
2Cited by6 opinions
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- McCune v. LytleSupreme Court of Pennsylvania · 1900
- Kelley v. ShaySupreme Court of Pennsylvania · 1903
- Cornwell v. SparksSupreme Court of Pennsylvania · 1915
- Davis v. WilligSuperior Court of Pennsylvania · 1914
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