United Fuel Gas Co. v. McCoy

MONTGOMERY, Judge.

United Fuel Gas Company sought an injunction to prevent Wendell McCoy from using free gas from its wells or lines. The Chancellor held that McCoy, as a remote grantee of an original lessor, had a right under the oil and gas lease to a specified amount of free gas on the premises. The gas company appeals. The decisive question concerns the nature of the “free gas” covenant in the lease. The case was tried upon the pleadings and a stipulation of facts set forth Jn the judgment.

Appellant contends that the covenant is severable from the surface and may be personal or…