Malcuit v. Equity Oil & Gas Funds, Inc.

Cacioppo, Judge.

Honest Malcuit, plaintiff-appellee, granted Buckhorn Oil Company (“Buck-horn”), predecessor in interest of Equity Oil & Gas Funds, Inc. (“Equity”), defendant-appellant, an easement across his farm for a pipeline right-of-way. The easement was properly recorded. In consideration for this easement, Buckhorn agreed to provide free gas to Malcuit’s farm. Equity obtained Buckhorn’s interest in the pipeline agreement at a foreclosure sale. The agreement is silent as to its duration.

Malcuit filed a declaratory judgment action and requested injunctive relief to stop Equity from…