Aderhold v. Oil Well Supply Co.
Supreme Court of Pennsylvania
Appeal, No. 271, Oct. T., 1893, by defendant, from judgment of C.CP. Butler Co., March T., 1893, No. 8, on verdict for plaintiffs, Albert Aderhold and William H. Bauman. Assumpsit on oil lease. Before Greek, J. At the trial, it appeared that, on Aug. 3, 1891, defendant bought at sheriff’s sale the interest of James F. Shay in an oil lease on plaintiffs’ land.
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Appeal, No. 271, Oct. T., 1893, by defendant, from judgment of C.CP. Butler Co., March T., 1893, No. 8, on verdict for plaintiffs, Albert Aderhold and William H. Bauman. Assumpsit on oil lease. Before Greek, J. At the trial, it appeared that, on Aug. 3, 1891, defendant bought at sheriff’s sale the interest of James F. Shay in an oil lease on plaintiffs’ land. The lease contained the following conditions and covenants’: “ It is further agreed that the party of the second part shall complete a well on the above described premises within six months from the date hereof, or in default thereof pay…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The appellant was a purchaser of an oil lease at sheriff’s sale. As such purchaser he could acquire no greater interest or estate than that actualty held by the lessee, and he would take subject to all the covenants and conditions contained in the lease. He was bound, therefore, to inquire. Failing to do so, he is fixed with notice of all that inquiry would have disclosed. If he had inquired he would have learned the date of the lease from plaintiffs to Shay. He would have learned further that the lessee was bound to complete one well within six months after…
2Cases cited3 opinions
- Galey Bros. v. KellermanSupreme Court of Pennsylvania · 1889
- Leatherman v. OliverSupreme Court of Pennsylvania · 1892
- Nesbit v. GodfreySupreme Court of Pennsylvania · 1893
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