Blair v. Clear Creek Oil & Gas Co.
Supreme Court of Arkansas
Appeal from Crawford Chancery Court; J. V. Bow-land, Chancellor; STATEMENT OF FACTS. Appellants brought this suit in equity against ap-pellees to cancel a gas lease on the ground that appellees were drawing off the gas from appellants’ land by means of wells drilled on adjacent lands near appellants’ boundary lines, and for damages resulting tbereform.
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Appeal from Crawford Chancery Court; J. V. Bow-land, Chancellor; STATEMENT OF FACTS. Appellants brought this suit in equity against ap-pellees to cancel a gas lease on the ground that appellees were drawing off the gas from appellants’ land by means of wells drilled on adjacent lands near appellants’ boundary lines, and for damages resulting tbereform. Appellee defended the suit on the ground that there was no liability under the terms of the lease upon which the suit is based. The material facts are as followsWhat is known as the Kibler gas field was explored in the fall of 1915, and the…
1Opinion of the CourtHart, J.
(after stating the facts). The record in this case shows that appellee drilled three wells which produced gas on adjoining tracts of land so near to the boundary lines of appellants that the wells are drawing the gas from underneath, their land and in time will draw it all away. The only, practical way to offset this is to drill protection wells on the land of- appellants. It made no effort to drill protection wells. The lease does not contain any protection clause. The doctrine of protection is new in this State and arises from the fluid underground situation of either oil or gas.
On the part…
2Cases cited16 opinions
- Kleppner v. LemonSupreme Court of Pennsylvania · 1896
- Mansfield Gas Co. v. AlexanderSupreme Court of Arkansas · 1911
- J. M. Guffey Petroleum Co. v. Jeff Chaison Townsite Co.Court of Appeals of Texas · 1908
- Culbertson v. Iola Portland Cement Co.Supreme Court of Kansas · 1912
- Horstmann v. LaFargueSupreme Court of Arkansas · 1919
11 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Cotiga Development Co. v. United Fuel Gas Co.West Virginia Supreme Court · 1962
- Hartman Ranch Co. v. Associated Oil Co.California Supreme Court · 1937
- Pan American Petroleum Corp. v. Wyoming Oil & Gas Conservation CommissionWyoming Supreme Court · 1968
- Humble Oil & Refining Co. v. StraussCourt of Appeals of Texas · 1922
- Christmas v. RaleySupreme Court of Arkansas · 1976
41 more not listed; retrieve them via the Exa API.