Silurian Oil Co. v. Essley

McDERMOTT, Circuit Judge.

The appellee, an Osage allottee, owns 120 acres of land upon which 24 oil wells have been drilled. The land was included in the Foster lease of 1896; the appellant acquired an interest in the lease in 1909, and executed a renewal lease in 1916, and has been operating the property since. For each well drilled under the 1916 lease, the lessee paid the owner of the surface a location fee, provided for by the lease, which compensated the owner for the use of an acre and a half around each well, or so much thereof as might be necessary. It became necessary for the lessee…