Hopkins v. Zeigler
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Suit in equity by H. J. Zeigler and another against James S. Hopkins and others. Decree for complainants (258 Fed. 467), and defendants appeal. Mrs. Emma Hamilton was (for the purposes of this case) the owner of 50 acres of land in eastern Kentucky, in a region adjoining one where oil and gas had been found.
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Appeal from the District Court of the United States for the Eastern District of Kentucky; Andrew M. J. Cochran, Judge. Suit in equity by H. J. Zeigler and another against James S. Hopkins and others. Decree for complainants (258 Fed. 467), and defendants appeal. Mrs. Emma Hamilton was (for the purposes of this case) the owner of 50 acres of land in eastern Kentucky, in a region adjoining one where oil and gas had been found. On March 2, 1916, she signed the oil and gas lease set out in the margin.1 The rights of Gibson, the lessee, later passed to Zeigler and Howell. They did nothing toward…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). No question of record or of good faith purchase is involved, to any degree which makes it important. Before the defendants took their lease, they had actual notice of the existence of the former one. It *46was open to them, without unreasonable effort, to learn its full terms, and the case must be considered in the same light as if a copy of it had been before them when they took their interest. The main question is sharply one of law — whether the rights of plaintiffs had expired before defendants purchased. The answer to this question obviously depends upon…
2Cases cited9 opinions
- Guffey v. SmithSupreme Court of the United States · 1915
- Monarch Oil, Gas & Coal Co. v. RichardsonCourt of Appeals of Kentucky · 1907
- Glasgow v. Chartiers Oil Co.Supreme Court of Pennsylvania · 1892
- Warren Oil & Gas Co. v. GilliamCourt of Appeals of Kentucky · 1919
- Lindlay v. RaydureDistrict Court, E.D. Kentucky · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Tate v. Stanolind Oil & Gas Co.Supreme Court of Kansas · 1952
- McDaniel v. Hager-Stevenson Oil Co.Montana Supreme Court · 1926
- Aden v. DaltonSupreme Court of Missouri · 1937
- Long v. Magnolia Petroleum CompanyNebraska Supreme Court · 1958
- Dow v. WorleySupreme Court of Oklahoma · 1926
8 more not listed; retrieve them via the Exa API.