Kelly v. Keys
Supreme Court of Pennsylvania
Appeal, No. 164, Oct. T., 1905, by defendant, from judgment of C. P. Washington Co., Nov. T., 1904, No. 128, on verdict for plaintiff in case of W. C. Kelly v. A. M. Keys, C. D. Greenlee, and the Southern Oil Company. Ejectment for oil in land in Smith township. Before Taylor, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 164, Oct. T., 1905, by defendant, from judgment of C. P. Washington Co., Nov. T., 1904, No. 128, on verdict for plaintiff in case of W. C. Kelly v. A. M. Keys, C. D. Greenlee, and the Southern Oil Company. Ejectment for oil in land in Smith township. Before Taylor, J. The facts appear by the opinion of the Supreme Court. Error assigned was in entering judgment on the verdict and in refusing judgment for defendant non obstante veredicto. that this decree would be asked for, was present in court when it was made and has never taken exceptions to the same nor an appeal therefrom. If…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The defendant, Keys, being the owner of a certain tract of land in Washington county, by instrument in writing duly executed and acknowledged, granted to Kelly, the plaintiff, the exclusive right to mine and produce therefrom petroleum and natural gas, with possession of so much of the land as might be necessary for such purposes, for a term of two years, subject *297to certain conditions and stipulations which, do not here call for recital. Kelly never exercised any rights under the grant, and never entered into possession of any part of the premises. Subsequently,…
2Cases cited5 opinions
- Funk v. HaldemanSupreme Court of Pennsylvania · 1867
- Dark v. JohnstonSupreme Court of Pennsylvania · 1867
- Hicks v. American Natural Gas Co.Supreme Court of Pennsylvania · 1904
- Union Petroleum Co. v. Bliven Petroleum Co.Supreme Court of Pennsylvania · 1872
- Barnhart v. LockwoodSupreme Court of Pennsylvania · 1892
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