Martin v. Consolidated Coal & Oil Corp.

Woods, Judge:

The sole question for our decision is whether the circuit court properly sustained the defendant’s demurrer to the bill.

The bill alleges that the plaintiff, being seized and possessed of a described tract of ninety-two and one-half acres of land, leased the same to a predecessor in title of the defendant, for a period of ten years from December 1, 1921, for oil and gas purposes, and that among the provisions of the said lease was a covenant on the part of the lessee to locate and complete a well on the premises within sixteen months from the date of the lease, or pay to the…