Peerless Carbon Black Co. v. Gillespie
West Virginia Supreme Court
Appeal from Circuit Court, Kanawha County. Suit by the Peerless Carbon Black Company against E. N. Gillespie and others and Oscar Nelson, with cross-bill by defendants, E. N. Gillespie and others, for injunction, etc.
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Appeal from Circuit Court, Kanawha County. Suit by the Peerless Carbon Black Company against E. N. Gillespie and others and Oscar Nelson, with cross-bill by defendants, E. N. Gillespie and others, for injunction, etc. Decree adjudicating plaintiff’s right to re-enter on certain oil and gas producing property for nonperformance of conditions subsequent, and relieving defendants, E. N. Gillespie and others, from the forfeiture and restoring them to possession upon certain conditions and defendants appeal and plaintiff takes cross-appeal.
1Opinion of the Court
POEEENBAGRER, JUDGE:
Upon pleadings unchallenged here and clearly developing well defined issues, the decree under review adjudicated rightful re-entry, by the plaintiff, the Peerless Carbon Black Company, upon certain oil and gas producing property, for non-performance of conditions subsequent, written into a sublease thereof; and, by way of cross-relief,' the right of the principal defendants, E. N. Gillespie and Guffey-Gillespie Oil Company, the sub-leasee and his assignee, to be relieved of the forfeiture and restored to the possession and enjoyment of the property, upon certain…
2Cases cited21 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Galveston, Harrisburg & San Antonio Railway Co. v. WareTexas Supreme Court · 1889
- Day v. . BachNew York Court of Appeals · 1881
- Goshen National Bank v. StateNew York Court of Appeals · 1894
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Moore v. Johnson Service Co.West Virginia Supreme Court · 1975
- Wellington Power Corp. v. CNA Surety Corp.West Virginia Supreme Court · 2005
- Watchorn v. Roxana Petroleum CorporationCourt of Appeals for the Eighth Circuit · 1925
- Dutterer v. LoganWest Virginia Supreme Court · 1927
- Bethlehem Steel Corp. v. Shonk Land Co.West Virginia Supreme Court · 1982
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