Legal Opinion · Concurrence

Harris v. Cobb

West Virginia Supreme Court

Decided March 23, 1901Published

Appeal from Circuit Court, Tyler County. Bill by Elizabeth J. Harris against Eugene M. Cobb and others. Decree for plaintiff, and defendants appeal.

1ConcurrenceDent, Judge

The lease in this case from Mrs. Harris to James Lowry does not as in the ordinary oil and gas lease grant the oil, but only grants the privilege of searching for oil, and if it is found, the grantee agrees to give her “the one-eighth part of all the petroleum obtained from said premises as produced in the crude state.'” There is no provision made as to the other seven-eighths, except impliedly the lessee is to retrain it, and she releases any claim to it in accepting the one-eighth.

There is nothing said in the lease with regard to Mrs. Myers’ reservation, as it appears to be of a sixteenth…

2Cases cited1 opinion

  1. Baker v. M'DowellSupreme Court of Pennsylvania · 1842

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API