Truby v. Palmer
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren County to review judgments discharging rules to set aside writs of habere facias possessionem upon judgments in ejectment entered for the plaintiffs on warrants of attorney. Appeals from decrees of the said court, discharging rules to show cause why the said judgments in ejectment should not be opened or stricken off.
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Error to the Common Pleas of Warren County to review judgments discharging rules to set aside writs of habere facias possessionem upon judgments in ejectment entered for the plaintiffs on warrants of attorney. Appeals from decrees of the said court, discharging rules to show cause why the said judgments in ejectment should not be opened or stricken off. These were two amicable actions of ejectment, by J. H. Palmer and others against John Truby and Allen & Company, in which on April 4, 1884, judgments were confessed by virtue of general powers of attorney contained in two oil leases, one of…
1Opinion of the Court
Per Curiam :
These four cases were argued together. They are based on the same original transaction. That is a written lease dated May 7, 1881. It expressly declares the property “shall be occupied and worked for petroleum, rock, or carbon oil, and shall not be occupied or used for any other purpose whatsoever.” And “if no oil is found in paying quantities within four years from this date, this lease shall be null and void.”
Oil was not so found. It would be a clear perversion of language to hold that gas and oil are synonymous terms. The evidence is insufficient to prove that the word “gas”…
2Cited by4 opinions
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- State ex rel. Connell v. BouletLouisiana Court of Appeal · 1915
- Succession of CarolloLouisiana Court of Appeal · 1920