Aye v. Philadelphia Co.
Supreme Court of Pennsylvania
Appeal, No. 2, Oct. T., 1899, by defendant, from judgment of C. P. Armstrong Co., June T., 1897, No. 123, on verdict for plaintiffs. Ejectment for land in Kittanning township. Before Rat-burn, P. J. The plaintiffs claimed under a lease dated July 11, 1887, from Wm.
Read the full summary
Appeal, No. 2, Oct. T., 1899, by defendant, from judgment of C. P. Armstrong Co., June T., 1897, No. 123, on verdict for plaintiffs. Ejectment for land in Kittanning township. Before Rat-burn, P. J. The plaintiffs claimed under a lease dated July 11, 1887, from Wm. M. Campbell to them, for the exclusive right of drilling and operating for petroleum and gas, 100 acres of land in Armstrong county, the material portions of which lease are as follows: “ The parties of the second part their heirs or assigns to have and to hold the above described premises for and during the term of 20 years from…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The lease to Aye and Martin being referred to in the lease from Campbell to Bailey, the appellant, as assignee of Bailey, must be held to have taken with notice. The recital of the prior lease, however, was not an affirmance by Campbell of its continuing validity, but a disclaimer by him of responsibility *455on that subject. It was a refusal to declare or enforce a forfeiture himself, but a transfer of his right in that regard whatever it might turn out to be, to appellant, which assumed the risk. Its entry and commencement of operations on the land were an…
2Cases cited6 opinions
- Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
- Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
- McKnight v. Manuf. N. Gas Co., Pennsylvania Court of Common Pleas, Washington County1892
- Koch's & Balliet's AppealSupreme Court of Pennsylvania · 1880
- Watson v. O'HernSupreme Court of Pennsylvania · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- The Texas Company v. DavisTexas Supreme Court · 1923
- Daughetee v. Ohio Oil Co.Illinois Supreme Court · 1914
- Jacobs v. CNG Transmission Corp.District Court, W.D. Pennsylvania · 2004
- Killebrew v. MurrayCourt of Appeals of Kentucky · 1912
42 more not listed; retrieve them via the Exa API.