Shellar v. Shivers
Supreme Court of Pennsylvania
The term of an oil and gas lease was for “three years, or as much longer thereafter as oil or gas might be found in paying quantities, with the right in the said lessee to enter upon said promises at any time for the purpose of mining ” etc. The lease also provided that the lessee had “ the right to remove at any time all machinery, oil well supplies or appurtenances of any kind belonging to the said lessee.” The well never produced oil or gas in paying quantities.
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The term of an oil and gas lease was for “three years, or as much longer thereafter as oil or gas might be found in paying quantities, with the right in the said lessee to enter upon said promises at any time for the purpose of mining ” etc. The lease also provided that the lessee had “ the right to remove at any time all machinery, oil well supplies or appurtenances of any kind belonging to the said lessee.” The well never produced oil or gas in paying quantities. Held, that after the expiration of four years from the date of the termination of the lease, and live years and six months after…
1Opinion of the Court
Per Curt am,
This judgment was entered on the case stated for the opinion of the court, in the nature of a special verdict. The question involved was, whether under the terms of the lease the lessees had the right to remove the material, machinery and fixtures, placed by them upon the property for the purpose of drilling the oil well and remaining there after the expiration of the lease.
In a clear, concise and satisfactory opinion the learned judge rightly held that they had not, and he accordingly entered judgment in favor of the plaintiffs as provided for in the case stated. The correctness…
2Cited by29 opinions
- Willison v. Consolidation Coal Co.Supreme Court of Pennsylvania · 1994
- Sunburst Oil & Refining Co. v. CallenderMontana Supreme Court · 1929
- Perry v. Acme Oil Co.Indiana Court of Appeals · 1909
- Ray v. YoungSupreme Court of Iowa · 1913
- Bache v. Central Coal & Coke Co.Supreme Court of Arkansas · 1917
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