Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-12-04
IN IMPORTANT OIL SUIT
Has Been Decided by the Monroe
County, 0. Court
The Oil City Derricks Monthly Re-
sume of the Work in the Oil Fields
miscellaneous Oil News.

I Special TO the Register.
sfsrsvine. December 3.-A case OF
considerable Importance TO oil men, in
wb.c h,he question Of one or more per-
sans entering into a written contract
and afterwards trying to have the same
set aside or the wording changed TO suit
-5eir convenience. is Involved, has just
beeen passed upon by the Woodsiield'
Monroe county. Ohio, Court.
The case in question was that OF
Henry Ferguson VS.. the Mountain State
Gas Company and others. The litigation
grew out Of a transaction in which
Ferguson had sold to the Connolly Oil
Company a block of leases on the ONO
side Of the Sistersvlle oil field. The
CONVEYANCE contained a covenant that in
case the Connolly OIL Company found
oil in paying quantities in the test well
10 be drilled on the property ferguson
was to have One-eighJh interest IN the
same
test Wei and failed to find oil, but did
secure a fair gas well, which was after
wards sold 90 The Mountain State Gas
Company for $1,000 Ferguson then
claimed that the word gas by mistake
had been omitted in the conveyance
rom himself TO The Connolly Oil Com
pany. and as tile conveyance was not
witnessed as required by the laws Of
Ohio. it conveyed only an equitable in
terest. and he accordingly fled a bin to
reform the conveyance by inserting the
word "gas. so tha- ne would be entitled
20 Cne-eighth interest whether oil or
gas was found ia paying quantities.
ID was further alleged in the bill filed
that the Mountain State Gas Company
could not set the defense of an innocent
purchaser as it had not acquired a legal
t.le, owing to the conveyance from
Ferguson to the Connolly Oil Company.
NOT having been properly Witnessed.
Mallory d Co. and LETTERS, of Woods
field, appeared fer the plaintiff, and
Henry McSWee1ey, Of Oil City, and
George C.. Jennings. of W0Odsdeld, rep
resented the Mountain State Gas Com
p21y. The case was holly contested.
bu, the court decided for the defendant
in every point raised, and at its con-
clusion dismissed the BIZ. Il was the
principle involved rather than the
amount that made The contest of more
than ordinary interest.
The Grave Creek Oil and Gas Com
pany, which purchased the old Hicks
oil wei, near MCundsyille. W. Va, is
preparing TO clean il out and pump il.
Ben S B3er and others viii start a
well on Broad run in the vicinity of St.
Mary's, i'm a couple of days.
The HUgUs well, out on Middle Isl
and, is improving a little every day
and viii probably make a fair producer
when me SAT- water has been exhausted
q ltle more.
There VIII be several wells due in
various parts of the field the latter parl
Of the week. but they are all in defined
territory and are not of a great deal Of
importance.
The reports received from the big
well a- Eureka are that she is still hold
ing up and that it IS making more oil
now than it d.d when first drilled in.
on took another drop last evening
and credit balances to-day were only
worth $40.
R0eser Bros. Lang & Downing have
made a most important strike on the
Holdrcn farm. on Lease run, on the Ohio
side. opposite Raven Rock. While not
as large Us was expected. 10 opens new
territory. and there viii be great actiy-
fly in that region en- account Of it.