Kiser v. McLean
West Virginia Supreme Court
Appeal from Circuit Court, Jackson County. Bill by John P. Kiser against James L. McLean, trustee, and others. Decree of dismissal, and plaintiff appeals.
1Opinion of the Court
KOBINSON, PRESIDENT:
The bill is one to remove cloud, from title. Plaintiff seeks to annul an oil and gas lease which he asserts others without right have placed upon his land. The case was heard on a demurrer to the bill, the answers of the defendants, and an agreed statement of facts. The court dismissed the bill, and plaintiff appealed.
Mary A. D. Bruen, trustee, conveyed the land to the plaintiff in 1882. The beneficiaries for whom she as trustee held title joined in the deed. The granting clause contained the following exception: “Reserving and excepting however from the effects and…
2Cases cited3 opinions
- Uhl v. Ohio River RailroadWest Virginia Supreme Court · 1902
- Sult v. A. Hochstetter Oil Co.West Virginia Supreme Court · 1908
- Plant v. HumphriesWest Virginia Supreme Court · 1909
3Cited by22 opinions
- Barker v. Campbell-Ratcliff Land Co.Supreme Court of Oklahoma · 1917
- Broughton v. Humble Oil & Refining Co.Court of Appeals of Texas · 1937
- Bennett v. NeffWest Virginia Supreme Court · 1947
- Wallace v. HoytCourt of Appeals of Texas · 1920
- Luse v. ParmerCourt of Appeals of Texas · 1920
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