Ohio Oil Co. v. Ferguson

The question presented for our consideration here is: Can an estate, in the light of our jurisprudence that a mineral servitude is indivisible and"must stand or fall as a whole," be relieved of the servitude on a designated part of its acreage, even though the remaining acreage has been developed well within the prescriptive period fixed by law for its extinguishment because of nonuse, simply because the person purchasing the fractional portion of the servitude affecting the designated acreage from the primitive servitude owner failed to develop the area assigned to him within ten years?

The…