Union Petroleum Co. v. Bliven Petroleum Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: No. 26, to October and November Term 1871. This was an action on the case commenced, September 3d 1869, by the Bliven Petroleum Company against the Union Petroleum Company.
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Error to the Court of Common Pleas of Venango county: No. 26, to October and November Term 1871. This was an action on the case commenced, September 3d 1869, by the Bliven Petroleum Company against the Union Petroleum Company. The declaration was that the plaintiffs were the owners in fee of “ certain incorporeal hereditaments, to wit, the right and privilege of digging and boring for salt, oil and minerals, upon certain lots, parts of a tract of land known as the John McClintock farm, * * * with the right of ingress and egress, * * * for the purpose of digging for said salt, oil and…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
— The title of the plaintiffs below, derived under the articles of agreement of September 26th 1859, between Mc-Clintock, the owner of the land, and Alden and Chase, was to “ the exclusive right and privilege of boring for salt, oil or minerals,” upon the McClintock farm, in Cornplanter township, Venango county, and in that respect was not to be distinguished from that which came under consideration and was passed upon by this court, in Funk v. Haldeman, 8 P. F. Smith 229. It is true that the word “ exclusive ” was not used in the grant…
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