Legal Opinion

Commonwealth v. Johnston

Superior Court of Pennsylvania

Decided April 21, 1919No. Appeal, No. 143Published

Appeal, No. 143, April T., 1919, by defendant, from judgment of Q. S. of Warren Co., December Sess., 1918, No. 6, on verdict, of guilty in case of Commonwealth v. Harry Johnston. Indictment for forcible entry and. detainer. Before Hinckley, P. J. The facts are stated in the opinion of the Superior Court. At the trial the defendant was convicted of the offense charged in the indictment.

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Appeal, No. 143, April T., 1919, by defendant, from judgment of Q. S. of Warren Co., December Sess., 1918, No. 6, on verdict, of guilty in case of Commonwealth v. Harry Johnston. Indictment for forcible entry and. detainer. Before Hinckley, P. J. The facts are stated in the opinion of the Superior Court. At the trial the defendant was convicted of the offense charged in the indictment. He subsequently filed motions for a new trial and in arrest of judgment, which the court overruled and passed judgment of sentence on the defendant. Defendant appealed. Errors assigned, among others, were…

1Opinion of the Court

Opinion by

Keller, J.,

In 1884, N. Dietsch leased-to S. B. Logan, for the purpose of mining for oil and gas, a tract of forty acres in Pleasant Township, Warren County, for the term of twenty years “with the right of renewal thereafter so long as oil or gas shall continue to be found” upon a royalty of one-eighth of the “oil or gas discovered, excavated, pumped and raised.” The lease reserved to the lessor the full use of the premises except such part as should be necessary for mining purposes and a right-of-way thereto and provided: “If oil or gas is found upon the premises hereby leased…

2Cases cited17 opinions

  1. Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
  2. Ray v. West. Penna. N. Gas Co.Supreme Court of Pennsylvania · 1891
  3. Wills v. Manufacturers N. Gas Co.Supreme Court of Pennsylvania · 1889
  4. Venture Oil Co. v. FrettsSupreme Court of Pennsylvania · 1893
  5. Barnsdall v. Bradford Gas Co.Supreme Court of Pennsylvania · 1909

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