The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-06-25
IMPORTANT OIL LEASE DECISION.
An Opinion Handed bown In TIC Gaffy.
Ifukili Suit In tho Supreme C6urt-Othcr

s"A VAAhNl VAL b1sSteASA"
An Opinion Handed Down In tho Gaify.
IIuklii Suit In tho Supreme C6urt-Other
business. \"
In the Supreme Court OF Appeals yes.
.erday an opinion was handed down by
Judge Brannon in the case OF GutIy aud
Murphy vs.. EIukill, from Monongalia
county, the judgment OF the Circuit
court being affirmed.
This Is somewhat famous casc, and a
full history Of it was printed in the In.
TELLloEYcgn at the time 1t was tried In |
tho Mononralia Circuit court. 1t will
settle mapy other similar suits, and 10
therefore Of Special interest to oil opera.
tors and attorneys.
The cnse involved the right 10 oper.
ate for oil and gas on tract OF thirty
acres OF land In Cass district, Monon.
gala county, leased In July, 1886, to
Resin Calvei. by David Wise for oil and
gas operations. The case came on for
trial February % last. Plaintiffs showed
the lease from Wise to Calvert, running
thirty years, or rs long rs oil nay be
found III paying quantities; one well to
be completed In ak months, and in case
OF failure to complete such well, lessee
to payA yearly rental OF fifty cents per
acre, payable every six months, as full
payment for such delay.
The defense offered In evidence the
original lease from David Wise 10 vii.
liam Hays, 1t being admitted by defend.
mt that the signature. Of David Wise
was not at the end OF said lease, follow
ing the closing words thereof. The
court admitted tho lease In evidence as
an unrecorded document, the lease
showing Wise let the land 10 Hays for
one.eighth the oil, and SO a year for
each gas well, operations to commence
in nine months, or to pay 81 1874 per
month, and ending with the following:
"And failure on The part OF said Sec
ond party to comply with either the one
or the other OF the foregoing conditions
shall work an absolute forfeiture Of the
lease" L. NJ. Huki!l showed be began
operations on the tract in question In
May, 1850. and rot oil November %, 1880.
In rebuttal Gulfey & Murphy showed
they had notified Hukill to cease opera.
tons on July Is, 1850, stating they had
prior lease. The court gave the plain.
litIs judgment for possession aud costp,
but the defendant appealed, with the
result above chronicled. f..
Following is the syllabus OF Judge
Brannon's decision:
Whereas, a lease fer years contains
clause OF forfeiture for breach OF It's cov-
enant to pay rent or other covenant, but
no clause of reentry for such forfeiture,
demand and re.entry is not the only
mode by which the landlord may eu-
force the forfeiture.
A lease for years for drilling for pc.
troleum oil or gas contains a provision:
The parties Of the second part cove
nant to commence operations for said
purposes within nine months from and
after the execution OF this lease, or to
thereafter pay to the party Of tho first
part Sl,33s per month until work is
commonwealth money to be deposited
in the hands OF John Kennedy for each
and every month. And failure on the
part OF said second parties to comply
with either one or other Of the foregoing
conditions shall work an absolute for
fixture OF this lease" and there is no
covenant for re.entry, aud there is fail.
ure to commence operations and to pay
money in lieu thereof, and the lessor
leases to another person. 90.
Held, the first lease is thus avoided,
and the second Jesse is good against it,
rs the execution OF the second lease is a
sufficient declaration Of forfeiture, with
out demand or rc-entry.
The second lessee may maintain un-
lawful detainer against the first Lessee in
possession. - :.
Riuggold & Co.. vs.. Suffer, from Cabell
county; writ Of error allowed on motion
Of Miller; bond $500.
Dyke Bowen VS.. City OF Huntington,
from Cabell county; writ Of error and
supersedeas allowed; bond $1,000.
This was suit for damages on ac-
count Of injuries received by fall on
the streets OF Huntington, the fall being
charged to a defective sidewalk. The
city was sued, and verdict given for
Bowen for $3.50, from which the city
now appeals.
State Va. Barnett, from Jackson coan.
ty; opinion by Brannon; judgment Of
Circuit Court affirmed.
Barnett waa q mail carrier, and was
arrested ior carrying concealed weapon.
His defense was that his business made
it necessary for him to carry revolver
for self defense, but the court held that
mail carrier ia not exempt from the
law, and this judgment the Supreme
Court sustains.
Mckay We. Ohio River railroad, from
Ohio county; opinion by Brannon;
judgment OF Circuit Court reversed aud
cause remanded for new trial, Judge
Lucas dissenting.
In this case Mckay was put OF train
because his coupon OF a round-trip
ticket had, as he alleged, been taken up
by the conductor wrongiulIy on the up
trip. He was awarded damages on the
trial OF the case, and the railroad com.
pany appeals.
Bennett, commissioner, vs. jackson ct
al, from Lewis county opinion by Sny-
der; judgment Of Circuit court affirmed.
The court adjourned till 10 q. IN. to-
day.