Wettengel v. Gormley
Supreme Court of Pennsylvania
Appeal, No. 303, Oct. T., 1893, by defendant,* James T. Gormley, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1893, No. 346, on case stated in favor of Annie B. Wettengel. Case stated to determine ownership of royalties under oil lease.
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Appeal, No. 303, Oct. T., 1893, by defendant,* James T. Gormley, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1893, No. 346, on case stated in favor of Annie B. Wettengel. Case stated to determine ownership of royalties under oil lease. The case stated, was as follows: ' “ 1. James Gormley, of Chartiers township, Allegheny county, Pennsylvania, at and immediately before the time of his decease, was the owner in fee simple of that certain tract of land in North Fayette township, Allegheny county, Pennsylvania. [Here follows description.] “2. On July 14, 1888, said James Gormley made a…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The question raised by this appeal is both novel and interesting. It is presented upon the following facts: James Gormley was, in his lifetime, the owner of three contiguous farms containing together about six hundred acres. In July, 1888, he made an oil lease to Tomlinson covering all the land. It was to run for fifteen years, and reserved a royalty upon all the oil produced of one eighth. The lease gave the lessee the usual privileges upon the land, among which was the right to take water from any part of it, and to any extent needed in his operations ; a…
2Cited by34 opinions
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