Bartley v. Phillips
Supreme Court of Pennsylvania
Appeal, No. 253, Oct. T., 1894, by-plaintiffs from judgment of O. P. Butler Co., June T., 1892, entering a nonsuit in favor of defendant. Ejectment for land covered by oil lease. Before Greer, P. J. At the trial it appeared that, on Sept; 8,1888, J. A. Hartzell leased to plaintiffs seventy acres of land for oil purposes. The lease was for the term of ten years.
Read the full summary
Appeal, No. 253, Oct. T., 1894, by-plaintiffs from judgment of O. P. Butler Co., June T., 1892, entering a nonsuit in favor of defendant. Ejectment for land covered by oil lease. Before Greer, P. J. At the trial it appeared that, on Sept; 8,1888, J. A. Hartzell leased to plaintiffs seventy acres of land for oil purposes. The lease was for the term of ten years. By the terms of the contract plaintiffs were to commence operations for mining purposes within thirty days from the execution of the lease, and when work was commenced it was to be prosecuted with due diligence until completion or…
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
Plaintiffs offered in evidence their abstract whereupon defendants admitted title in Hartzell. Plaintiffs then proved the lease by Hartzell to them, their entry under it, and the putting down of one well. They thus made out a complete prima facie case, which called on defendants to show a better title. But it is said, and the court below appears to have adopted this view, that plaintiffs went further and gave evidence of an abandonment of their possession. This however will not support a compulsory nonsuit. Abandonment is a mixed question of acts and intention,…
2Cases cited5 opinions
- Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
- Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
- Cochran v. PewSupreme Court of Pennsylvania · 1893
- Munroe v. ArmstrongSupreme Court of Pennsylvania · 1880
- Neely v. Bair, Pennsylvania Court of Common Pleas, York County1891
3Cited by10 opinions
- City of Los Angeles v. AbbottCalifornia Court of Appeal · 1933
- Hall v. AugurCalifornia Court of Appeal · 1927
- Bearmar v. Dux Oil & Gas Co.Supreme Court of Oklahoma · 1917
- Harris v. RiggsIndiana Court of Appeals · 1916
- Bartley v. PhillipsSupreme Court of Pennsylvania · 1897
5 more not listed; retrieve them via the Exa API.