Highfield Co. v. Kirk
Supreme Court of Pennsylvania
Appeal, No. 87, Oct. T., 1914, from decree of O. P. Allegheny Co., July T., 1912, No. 1425, declaring abandonment of oil and gas lease in case of Highfield Company, a corporation, y. Albert E. Kirk and Walter M. Kirk. Bill in equity to compel defendants to drill an oil well or to abandon a part of the premises comprised in an oil and gas lease. Before Macfarlane, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 87, Oct. T., 1914, from decree of O. P. Allegheny Co., July T., 1912, No. 1425, declaring abandonment of oil and gas lease in case of Highfield Company, a corporation, y. Albert E. Kirk and Walter M. Kirk. Bill in equity to compel defendants to drill an oil well or to abandon a part of the premises comprised in an oil and gas lease. Before Macfarlane, J. The facts appear by the opinion of the Supreme Court. The lower court entered a decree that the defendants had abandoned their right, title and interest in and to the surface of the demised premises, except so much thereof as was…
1Opinion of the Court
Opinion by
Me. Justice Mestrezat,
We agree entirely with the conclusions of the learned chancellor and with the decree which he has entered. He has correctly found and clearly stated the controlling facts in the case which, warrant the relief prayed for in the bill and granted by the decree. The learned court held that the lessees had abandoned the leasehold estate except as to the well now on the premises and a reasonable space surrounding it necessary for' the operation of the well. The appellants strenuously urge that the evidence did not warrant the court in finding that there was either an…
2Cases cited1 opinion
- Kleppner v. LemonSupreme Court of Pennsylvania · 1896
3Cited by11 opinions
- Doss Oil Royalty Co. v. Texas CompanySupreme Court of Oklahoma · 1943
- Fox Petroleum Co. v. BookerSupreme Court of Oklahoma · 1926
- Berthelote v. Loy Oil Co.Montana Supreme Court · 1933
- Aden v. DaltonSupreme Court of Missouri · 1937
- Hamilton v. FosterSupreme Court of Pennsylvania · 1922
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