Casebolt v. Kentucky-West Virginia Gas Co.

Opinion of the Court by

Morris, Commissioner

Affirming in part and reversing in part.

On April 17, 1922, Riley Casebolt -executed a gas lease to Kentucky Coke Company, assignor to appellee, covering 862 acres of land, comprising four tracts. Tbe lessee had drilled one well and assignee, by August 1934, had drilled two others, all commercially producing. The lease, inherited by the widow and children, contained this clause:

“Lessor may, if any well or wells produce a surplus of gas over and above the amount required for operation of the premises by lessee, at his own risk, have gas for heat and…