Bruner v. Hicks
Illinois Supreme Court
Appear from the Circuit Court of Crawford county; the Hon. E. E. Newein, Judge, presiding. This was a bill in chancery filed by Andrew Bruner, John Tighter and W. G. Skelly, in the circuit court of Crawford county, against Frank Hicks, John Kerr, John W. Smith, Lem Neely, David C. Brubaker and Mary E. Brubaker, to enjoin the said Hicks, Kerr, Smith and Neely from sinking or drilling any well or wells for oil or gas upon a certain thirty-six acre tract of land located in…
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Appear from the Circuit Court of Crawford county; the Hon. E. E. Newein, Judge, presiding. This was a bill in chancery filed by Andrew Bruner, John Tighter and W. G. Skelly, in the circuit court of Crawford county, against Frank Hicks, John Kerr, John W. Smith, Lem Neely, David C. Brubaker and Mary E. Brubaker, to enjoin the said Hicks, Kerr, Smith and Neely from sinking or drilling any well or wells for oil or gas upon a certain thirty-six acre tract of land located in Crawford county, by virtue of a certain lease bearing date April 5, 1905, made by said David C. Brubaker and Mary E.…
1Opinion of the CourtChief Justice Hand
The lease in question was executed with the view to transfer a freehold interest in said premises, as it provided the term created thereby might last for an indefinite and undetermined period of time.in case oil or gas was discoveverd upon said premises, and in that regard this lease is not like a lease for a term of years. It was therefore necessary that the lease, to be valid, should contain a release or waiver of the homestead rights of David C. and Mary E. Brubaker, and if the premises, at the time the lease was executed, were of less value than $1000 the lease was void.
The first question…
2Cases cited1 opinion
- Franklin Land Co. v. Wea Gas, Coal & Oil Co.Supreme Court of Kansas · 1890
3Cited by42 opinions
- Texas Company v. W.H. DaughertyTexas Supreme Court · 1915
- Rich v. DonegheySupreme Court of Oklahoma · 1918
- The Texas Company v. DavisTexas Supreme Court · 1923
- Dabney v. EdwardsCalifornia Supreme Court · 1935
- Watford Oil & Gas Co. v. ShipmanIllinois Supreme Court · 1908
37 more not listed; retrieve them via the Exa API.