O'Mara v. Pennzoil Co.

Mencer, P. J.,

On February 12, 1896, John J. Carter and Emma Gibbs Carter, his wife, conveyed all of the petroleum, oil and gas lying or being within or under a 125.8-acre tract in Foster Township to the State Oil Company. This conveyance contained the following clause:

“TO HAVE AND TO HOLD unto the said State Oil Company, its successors and assigns, the estate and rights hereby granted, as long as oil and gas are produced therefrom and the taxes paid as herein provided. And it is expressly understood and agreed that the said party of the second part, its successors and assigns, shall and will,…