Hanley v. Richards

Hatcher, Judge:

This certification involves the validity of .an .oil and gas lease, made by Mrs. Mary E. Toothman, a married woman living separate from her husband, of her own real estate, to R. W. Richards. The husband of Mrs. Toothman did not join in the lease, and their separation was not recited therein or in the acknowledgment thereto. The circuit court ruled that the lease was invalid.

The lease was dated September 22, 1930, and recorded April 3, 1933. It was for a period of four years and for as long thereafter as oil and gas should be produced. It provided for the payment of delay…