Eastern Ohio Oil Co. v. McEvoy
Supreme Court of Kansas
Error from Wilson district court; Leander Still-well, judge. STATEMENT. The Eastern Ohio Oil Company held a lease granting it the right under conditions expressed therein to drill for oil and gas upon certain lands belonging to another.
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Error from Wilson district court; Leander Still-well, judge. STATEMENT. The Eastern Ohio Oil Company held a lease granting it the right under conditions expressed therein to drill for oil and gas upon certain lands belonging to another. C. A. Kellar made a contract with the company to drill a well to the depth of 1200 feet, unless oil or gas was found at a less depth, for which the company was to pay him $1 per foot, and if he failed to complete the well the company was to pay him nothing. After- drilling to the depth of about 800 feet, and before finding oil or gas, he abandoned the well and…
1Opinion of the Court
The opinion of the court was delivered by '
Porter, J.:
Can one who performs labor in drilling an oil- or gas-well on lands in which the owner of the well has no interest, except as holder of the ordinary oil-and-gas lease authorizing entry for the purpose of exploring for oil and gas, obtain a mechanic’s lien upon the leasehold interest or upon personal property belonging to the lessee which remains upon the land?
In some states there are statutory provisions extending mechanics’ liens to leasehold estates, but regardless of such provisions it seems to be settled that the word “owner” is not…
2Cases cited9 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Coburn v. StephensIndiana Supreme Court · 1894
- Dickey v. Coffeyville Vitrified Brick & Tile Co.Supreme Court of Kansas · 1904
- Rawlings v. ArmelSupreme Court of Kansas · 1905
- Hathaway v. Davis & RankinSupreme Court of Kansas · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Burden v. Gypsy Oil Co.Supreme Court of Kansas · 1935
- Ingram v. IngramSupreme Court of Kansas · 1974
- Shaffer v. Kansas Farmers Union Royalty Co.Supreme Court of Kansas · 1937
- Phillips v. Springfield Crude Oil Co.Supreme Court of Kansas · 1907
- Huston v. CoxSupreme Court of Kansas · 1918
15 more not listed; retrieve them via the Exa API.