Brown v. Spilman
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. John F. Taylor, July 29, 1889, leased a tract of land containing forty acres, in Grant township, Pleasants County, West Yirginia, to Joseph S. Brown for the purpose of boring and mining for oil and gas, by a deed of that date, which was, on August 3, 1889, duly recorded in the clerk's office of Pleasants County.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. John F. Taylor, July 29, 1889, leased a tract of land containing forty acres, in Grant township, Pleasants County, West Yirginia, to Joseph S. Brown for the purpose of boring and mining for oil and gas, by a deed of that date, which was, on August 3, 1889, duly recorded in the clerk's office of Pleasants County. Brown took possession under this lease and proceeded to exercise the possession therein conferred. On the 30th day of June, 1S90, John F. Taylor and his wife, by their deed of that date, sold and…
1Opinion of the CourtJustice Shiras
Whatever rights Spilman and Chancellor have in the ten acres in controversy, they hold subject to the provisions of the prior lease to Brown, of which, as a recorded instrument, they took with notice, which is referred to as an existing lease, in the deed to them from Taylor, and which they attach as an exhibit to their bill.
In order to reach an intelligible construction of the lease it will be necessary to have before' us its entire language, as follows:
“This lease made this —day of July, a.d. 1889, by and between John F. Taylor, of the county of Pleasants, and State of West Yirginia, of the…
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