Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-08-27
BIG OIL SUIT DECIDED.
The Taking of OIL From Land by Tenant
Held To Be waste-Thousands OF Dol
lars Involved
S,,.<,sI ysLsorarn TO tho REGISTER.

The Taking of OIL From Land BY Tenant
Held To BE waste-Thousands OF Dol
lars Involved.
SpssiaI TeIsorGH to tho Rs1tste-.
SIsTERsvILLE, w. VA, August 90
A suit was instituted in the Circuit
court of Tyler county about the l4th
day of July, 1892, to recover the pos
session and rents, issues and profits OF
165 acres OF land situated near the town
OF Sstersville, on which there are now
located % producing oil wells. The
property is now claimed by Capt. ]. T.
Jones, of Buffalo, n. Y. The amount
in controversy in this salt is estimated
at $500, 600. On the 14th OF August the
plaintiffs argued motion for the ap-
pointment OF a rec yer. The
defense resisted the ap ntment and
in making this motion the record OF
the suit in which Capt. Jones claims
title to this land, was necessary for the
court to consider. II the court decided
that il would appoint receiver 1t was
necessarily compelled to review the
former suit In which Jones purchased
of a Commissioner. The plaintiffs were
represented by John A. Hutchinson and
ex-Judge Thomas l. Stealy, OF Parkers-
burg, and John II. Mccoy, OF Sisters
vile. The defendant was represented
by Caldwell &c Caldwell, OF Wheeling;
F. L. Blackmar, of Meadville. Pa, and
f. d. Young, OF Middlebourne. Last
Friday Judge Thos. P. Jacobs delivered
his opinion In the case and In doing so
reviewed the whole proceedings, decid-
a. . - a up1ar vy hirh Ia
Jones purchased the property was
nullity. 1t might be added here that
Mr.. Jones only purchased life estate
and his attorneys maintain that 1t isnot
waste for q life tenant TO take oil from
the land by such a life tenant, that
oil belongs to the first "captor," and
they liken il TO the fish In the sea or
wild deer in the mountains. This Is
question that has never been decided Ia
any court in this State, but Judge Ja-
cobs decided that it is waste TO
take oil from land and that oil
in. place is part OF the real
estate and inheritance. The Judge in
a very able and lengthy opinion sus-
tanned every point made by the plain
tiffs counsel, and appointed o. w. o.
Hardman, ex-Sheriff CT this county, and
c. II. Shattuck, Cashier OF the Citizens
Bank OF Parkersburg, as receivers. The
defendants claim that they are going 10
appeal the case TO the Court OF Appeals
OF this State. w. II. Gillespie is the
real plaintiff to this suit. and by its re-
eovery gains control OF property worth
several hundred thousand dollars. The
decision involves more money than any
case ever tried before in any court In this
Judicial district and rarely befalls within
the Jurisdiction OF a Circuit Judge TO
have to decide a case of such magni-
tude, it involving legal points and for
tune in money. Judge Jacobs, how
ever, rendered an opinion that COM
manded the respect Of even the defeat
ed ones, and the admiration OF the plain
tiffs and the bystsnders. The Judge
now stands at the head Of the class, and
all the lawyers consider him By far the
most careful. painstaking and sound
Judge in the State. The Judge. for
the short time he has been on the
bench, has earned a reputation that
makes his friends truly proud OF him.