Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-06-10
100000
INVOLVED IN AN OIL SUIT, IN THE SUPREME
COURT.
A Case Arising Out Of Contest Over a Lease on a
Thirty Acre Tract in MOnOngalia
County.

The most important ease before the Su-
preme Court of Appeals, yesterday, was
that of Guffey V. Hukill, coming up ON
writ of error, from the Circuit Court of
Monongalia county. AS property valued
at $780, 900 is involved, and as the case has
ular interest for some operating down the
river. an outline of the origin of the case
will be given.
The case originated in the Monongahela
Court in suit brought by James NJ. Guffey
and Michael Murphy, against Il. NJ. Hukill,
for the possession of tract of 30 acres OF
land in Cass district, that county, leased in
July. 1855, to Rein Calvert by David
Wise, for oil and gas operations. The case
came on for trial February 22d, last.
Plaintiffs showed the lease from Wise 10
Calvert, running thirty years, or as long
as oil may be found in paying quantities
one well to be completed in six months,
and in case of failure TO complete
such well, to pay yearly rental OF NIFTY
cents per acre, payable every siX months,
as full payment for such delay. 1t was
also shown that plaintiff had paid, on May
9. 81, 800 for the lease, 81 900 to j. b. Donley,
agent for Ida G. and Winnie j. Calvert, and
500 to Geo H. Dimick and Charles l.. Skin
ner. who had sold the lease to them. II was
also shown that Dimick rendered David
Wise $50 rental for the first six months,
on July l. and also on July II, 1882 and SD
rental for the whole year on January 10.
| 1890. which Wise refused to receive.
The defense offered in evidence the orig
inal lease from David Wise TO VIM. Hays,
il being admitted by defendant that the
signature of David Wise was not at the end
of said lease. following the closing words
thereof. The Court admitted the lease in
evidence rs an unrecorded document, the
lease showing Wise let the land 10 Hays for
one-eighth the oil, and so per year for each
gas well, operations to commence in nine
months, or to pay sl.3l4 per month, and
ending with the following: And failure
on the part of said second party to comply
with either the one or the other OF the fore
going conditions shall work an absolute
forfeiture of the lease" \ certified copy
of the original lease from Wise to Hukill
was then admitted. f. NJ. Hukill showed
he began operations on the tract in ques-
ton in May 1889, and got oil November
-, 1889.
In rebuttal Guffey & Murphy showed
they had notified Hukill TO cease opera
tons, on July II, 1889, stating they had a
prior lease.
The Court gave the plaintiffs judgment
for possession and for costs, but the de-
PENDANT desiring to appeal, a stay of thirty
days was granted, bond of $4,000 being
given.
When the matter came uD yesterday the
motion to require q bond was docketed, and
the case partly heard and continued until
to-day.
Other business transacted by the Court
was as follows
Robinson " Neil X dillingham;, writ Of
error, from Marion county; submitted.
Thomas Il al. V. Hukill, appeal and SUI
persedeas, from Monongalia county, motion
| for bond docketed and argument partly
heard.
j. w. DonOvon qualified, on motion Of
Okey Johnson; Geo. f. Boyd, on motion by
Hon. Alfred Caldwell.
Ryan's administrator Bartlett, appeal,
from Harrison county; submitted.
| Adjourned until to-day.