Hays v. Bowser

Hatcher, Judge:: This is a suit for cancellation, complete or partial, of oil and gas leases upon land owned by plaintiffs and for an account of the gas taken therefrom by the defendant. The circuit court refused the relief prayed for, dismissed the bill without prejudice, and plaintiffs appeal.

The leases cover an oblong tract of 523 acres. They were given to the Eastern Oil Company in 1902-3 for a term of five years and as long thereafter as oil or gas should be produced by the lessee. Upon the completion of a well the leases vested,.,jn the lessee for the remainder of the term the exclusive…