Watford Oil & Gas Co. v. Shipman
Illinois Supreme Court
Appeal from the Circuit Court of Crawford county; the Hon. E. E. Newlin, Judge, presiding. The Watford Oil and Gas Company filed its bill in chancery against Nancy E. Shipman and others in the circuit court of Crawford county, praying for an injunction and for partition. A demurrer was sustained to the bill, and the complainant electing to stand by its bill, a decree dismissing the bill for want of equity was entered, from which the complainant below prosecutes this appeal.
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Appeal from the Circuit Court of Crawford county; the Hon. E. E. Newlin, Judge, presiding. The Watford Oil and Gas Company filed its bill in chancery against Nancy E. Shipman and others in the circuit court of Crawford county, praying for an injunction and for partition. A demurrer was sustained to the bill, and the complainant electing to stand by its bill, a decree dismissing the bill for want of equity was entered, from which the complainant below prosecutes this appeal. From the averments of the bill it appears that the lands in question were owned by Nancy E. Shipman, Lewis Hicks, Betta…
1Opinion of the CourtJustice Vickers
Appellant had no right to a compulsory partition either of the oil and gas, considered separately. from the land, or of the land itself. The lease upon which it predicates its rights is not a conveyance of the interest of one co-tenant in- the common property or any part thereof. A lease of land to enter and prospect for oil or gas is a grant of a privilege to enter and prospect, but does not give a title to the oil or. gas until such products are found. . In the eye of the law oil and natural gas are treated as minerals, but they possess certain peculiar attributes not common to- other…
2Cases cited6 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Bruner v. HicksIllinois Supreme Court · 1907
- Dark v. JohnstonSupreme Court of Pennsylvania · 1867
- Estes v. FurlongIllinois Supreme Court · 1871
- Bauer v. Lumaghi Coal Co.Illinois Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Stephens County v. Mid-Kansas Oil & Gas Co.Texas Supreme Court · 1923
- Texas Company v. W.H. DaughertyTexas Supreme Court · 1915
- Rich v. DonegheySupreme Court of Oklahoma · 1918
- The Texas Company v. DavisTexas Supreme Court · 1923
- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
64 more not listed; retrieve them via the Exa API.