Allison's Appeal
Supreme Court of Pennsylvania
Appeals from the Court of Common Pleas of Clarion county: In Equity: No. 176 and 179, to October and November Term 1874. The bill in this case was filed July 1st 1872 -by J. W. Allison and A. Evans, against R. W. Porterfield and M. C. Treat. ■ It set out that Joseph Foust, on the 15th of July 1871, leased for twenty years to Philip Foust and William Spencer, by metes and bounds, which were stated in the bill, a lot of ground containing 3 acres and 123 perches of land, “ for…
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Appeals from the Court of Common Pleas of Clarion county: In Equity: No. 176 and 179, to October and November Term 1874. The bill in this case was filed July 1st 1872 -by J. W. Allison and A. Evans, against R. W. Porterfield and M. C. Treat. ■ It set out that Joseph Foust, on the 15th of July 1871, leased for twenty years to Philip Foust and William Spencer, by metes and bounds, which were stated in the bill, a lot of ground containing 3 acres and 123 perches of land, “ for the sole and only purpose of mining and excavating for petroleum, coal, rock or carbon oil,” and also a “protection of…
1Opinion of the CourtJustice Williams
This was a bill to restrain the defendants from boring for oil, and to account for the damage done to plaintiffs’ leasehold, and for all oil obtained on the premises. The master found that the well bored by the defendants was within the “protection” stipulated for in the plaintiffs’ lease, and that the damages occasioned thereby to the plaintiffs’ leasehold amounted to one-half the entire production of the well from August 20th 1872 to July 19th 1873, *226the market price or value of which was $9388.89, and accordingly he recommended that a de'cree be entered in favor of the plaintiffs for the…
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