Legal Opinion

Summerville v. Apollo Gas Co.

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 96PublishedCited by 8 opinions

Appeal, No. 96, Oct. T., 1903, by plaintiff, from judgment of C. P. Clarion Co., Nov. T., 1901, No. 173, on verdict for defendant in case of E. M. Summerville v. The Apollo Gas Company. Ejectment for oil and gas under land in Porter township. Before Wilson, P. J. The opinion of the Supreme Court states the case.

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Appeal, No. 96, Oct. T., 1903, by plaintiff, from judgment of C. P. Clarion Co., Nov. T., 1901, No. 173, on verdict for defendant in case of E. M. Summerville v. The Apollo Gas Company. Ejectment for oil and gas under land in Porter township. Before Wilson, P. J. The opinion of the Supreme Court states the case. At the trial the following offer was made: Plaintiff’s counsel now offer to prove by the witness, H. D. Summerville, and others, that shortly after March 22, 1901, and before the sale by the Emlenton Gas Company to the defendant, the Apollo Gas Company, on July 26, 1901, the…

1Opinion of the Court

Opinion by

Mb. Justice Potter,

This was an action of ejectment. The plaintiff claimed the right to recover possession, by reason of a forfeiture, under the terms and stipulations, of an oil and gas lease. The grant was made to the Star Drilling Company, on September 2,1896, and was thereafter, by sundry conveyances and transfers, vested in the defendant company. There is no dispute as to the paper title of either party. Under the terms of the lease, the party of the second part had the right to hold the premises “for and during the term of two years from the date hereof, and as much longer as…

2Cases cited1 opinion

  1. Lehigh Coal & Navigation Co. v. EvansSupreme Court of Pennsylvania · 1896

3Cited by8 opinions

  1. Cox v. MillerCourt of Appeals of Texas · 1944
  2. Clark v. WrightSupreme Court of Pennsylvania · 1933
  3. Severson v. BarstowMontana Supreme Court · 1936
  4. Heasley v. KSM Energy, Inc.Superior Court of Pennsylvania · 2012
  5. T. W. Phillips Gas & Oil Co. v. KomarSupreme Court of Pennsylvania · 1967

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