Orndoff v. Consumers Fuel Co.
Supreme Court of Pennsylvania
Bearing in mind that on June 2, 1922, when G. T. Anderson made the lease of that date, no operations had been commenced on the land and that none had been commenced in the lifetime of Elizabeth J. Anderson, it follows as matter of law that the lease of that date is absolutely void: Marshall v. Mellon, 179 Pa. 371; Hill v. Roderick, 4 W. & S. 221; Blakley v. Marshall, 174 Pa. 425; Deffenbaugh v. Hess, 225 Pa. 638; Dickson v. Fertig, 21 Pa.
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Bearing in mind that on June 2, 1922, when G. T. Anderson made the lease of that date, no operations had been commenced on the land and that none had been commenced in the lifetime of Elizabeth J. Anderson, it follows as matter of law that the lease of that date is absolutely void: Marshall v. Mellon, 179 Pa. 371; Hill v. Roderick, 4 W. & S. 221; Blakley v. Marshall, 174 Pa. 425; Deffenbaugh v. Hess, 225 Pa. 638; Dickson v. Fertig, 21 Pa. Superior Ct. 283. Orndoff did not execute the lease. No oil was reserved to Orndoff and he was bound by assignment of the prior lease and not entitled to…
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
This is a declaratory judgment proceeding brought to determine the amount of oil royalty payable by Consumers Fuel Company to the respective lessors under oil and gas leases held by it, and the proportions and man ner in which the lessors shall share in the royalties. There are two appeals, one by the Consumers Fuel Company, the lessee, and the other by G. T. Anderson, one of the lessors. They will both be disposed of in this opinion.
It is contended by the Consumers Company that a declaratory judgment proceeding is not the appropriate remedy; that ejectment,…
2Cases cited14 opinions
- Kariher's Petition (No. 1)Supreme Court of Pennsylvania · 1925
- Harris v. MercurSupreme Court of Pennsylvania · 1902
- Blakley v. MarshallSupreme Court of Pennsylvania · 1896
- Marshall v. MellonSupreme Court of Pennsylvania · 1897
- Edmundson's EstateSupreme Court of Pennsylvania · 1918
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Johnson EstateSupreme Court of Pennsylvania · 1961
- Grambo v. South Side Bank & Trust Co.Superior Court of Pennsylvania · 1940
- Guthrie v. GuthrieSuperior Court of Pennsylvania · 1939
- In re Euclid Building & Loan Ass'n, Pennsylvania Court of Common Pleas, Philadelphia County1939
- Johnson EstateSupreme Court of Pennsylvania · 1961
2 more not listed; retrieve them via the Exa API.