Koen v. Kerns
West Virginia Supreme Court
Appeal from Circuit Court, Marion Countv. Bill by Oliver N. Koen against Elijah Kerns and others. Decree for defendants, and plaintiff appeals.
1Opinion of the Court
Brannon. Judge:
Kerns leased to Nay, by lease dated September 19, 1892, a tract of seventy-five acres of land in Marion County for development of oil. This lease was assigned by Nay to Koen, and by Koen to the South Penn Oil Company. Said lease reserved to Kerns a royalty of one-eighth of the oil which might be produced from the land. By a deed dated *576September 28, 1892, Kerns sold to Koen one undivided moiety of the one-sixteenth part of all the oil underlying' said land, and thus Koen would get by this deed one-fourth of the one-eighth royalty reserved by Kerns in said lease; that is, one…
2Cases cited10 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co.West Virginia Supreme Court · 1875
- Southard v. . CurleyNew York Court of Appeals · 1892
- Shenandoah Valley R. R. v. DunlopSupreme Court of Virginia · 1889
- Allen v. YeaterWest Virginia Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Edmiston v. WilsonWest Virginia Supreme Court · 1961
- Smith v. OwensWest Virginia Supreme Court · 1907
- Humble v. St. JohnMontana Supreme Court · 1925
- Watson-Loy Coal Co. v. Monroe Coal Mining Co.West Virginia Supreme Court · 1920
- Cardinal State Bank, Nat. Ass'n v. CrookWest Virginia Supreme Court · 1990
16 more not listed; retrieve them via the Exa API.