Karns v. Tanner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: No. 67, to October and November Term 1870. This case was an action of ejectment brought by James P. Tanner against S. D. Karns, John Karns, Fullerton Parker and William J. Parker, to March Term 1868. Subsequently the plaintiff died, and June 12th 1869 Frances E. Tanner his executrix was substituted: on the 8th of March 1870, “ executrix” was stricken out, and “purchaser of the interest of James P. Tanner at sheriff’s…
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Error to the Court of Common Pleas of Armstrong county: No. 67, to October and November Term 1870. This case was an action of ejectment brought by James P. Tanner against S. D. Karns, John Karns, Fullerton Parker and William J. Parker, to March Term 1868. Subsequently the plaintiff died, and June 12th 1869 Frances E. Tanner his executrix was substituted: on the 8th of March 1870, “ executrix” was stricken out, and “purchaser of the interest of James P. Tanner at sheriff’s sale,” substituted. The premises in controversy were “ two small lots * * * on one of which an oil-well is drilled,” of…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Agnew, J.
— By an agreement of March 7th 1866 Fullerton Parker sold and conveyed to James P. Tanner, his heirs and assigns, all the oil and mineral rights and privileges to, on, in and under a certain parcel of land, for the consideration of $500, reserving one-fourth of all the oil to be obtained, and binding *303Tanner, under the penalty of a forfeiture of the lease, to commence operations within one year, and prosecute the same with reasonable diligence — the lease to continue for a term of fifty years. Tanner paid the consideration,…
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