Brown v. Haight

Opinion by

Mr. Justice Jones,

In this case we are again called upon to interpret an oil and gas “lease” containing the traditional “in paying quantities” habendum clause.

The “lease” in question was executed in 1927 and contained the following provisions: “Witnesseth: That the Grantors, in consideration of the sum of one dollar paid by the Grantee ... do hereby grant and convey nnto the grantee, all the oil and gas in and under the following described tract of land, and also all the said tract of land for the sole and only purpose and with the exclusive right of drilling and operation thereon…