Sistersville oil review. [volume] (Sistersville, W. Va.) 1896-1901, 1898-02-02

think. without donb'; is too vel
established to be seriously ques,
toned. Clayton V. Barr, 81 w
Va, 29o; Moore V. McNutt. al w.
Va, 895; Hopes V. Devaughn,
Fl S. E. r., Isl; Crawford v.
Ritchey, Fl S. E. r., go; Hard
ing V. Guice, 42 U, S. App. All,
S. c. so Fed. 1862; McConihay V.
Wright, III U. S. zo1.
The demurrer filed by Foster is
not we'll founded and is therefore
overruled. AS we have, because of
a distinct ground of equity jurisdic-
ton, held that this court has juris-
diction of this controversy, it follows
that in order to make effective such
jurisdiction, and to give due force
to its DEGREES, that the court must
dispose of all questions properly
presented by the pleadings, and
fairly pertaining to the full and
equitable disposition of the cause.
Having thus disposed ofthe ques-
tons relating to the jurisdiction of
the court, we come now to consider
the Zeal matters at issue between
the parties to these controversies.
The leases under which the defend
ants claim were all taken by John
ston in the year 1889, their terms
practically the same, and they are
in substance as follows:
The said party of the first part,
for the consideration of the cove
nants and agreements hereinafter
mentioned, has granted, denised
and lett unto the party of the second
part, his heirs or assigns, for the
purpose and with the exclusive
right of drilling and operating for
petroleum, oil and gas, all that GER
tain tract of land situate : : :
The party Of the second part,
his heirs or assigns, to have and to
hold the said premises for the said
purposes only, for and during the
term of ten COY years FROM the date
hereof, and as much longer as oil
or gas is found in paying guam
titles.
THE second party Of the second
part, in consideration of tue said
grant and demise, agree to give
to the party of the first part,
the full and equal oneeighth part
cfall the petroleum oil obtained or
produced on the premises herein
leased, and to deliver the same in
tanks or pipe lines to the credit OF
the party Of the first part.
1T is further agreed that if gas
is obtained in sufficient quantities
to utilize, the consideration in full
to the party Of the first part, shall
be one hundred dollars per annum
for each and every gas we'll drilled
on the premises herein described,
if of sufficient pressure to guarantee
the laying of a pipe line to convey
it to market, payable IN ninety (9o)
days after the line is laid.
The party of the first part
grants the further privilege to the
party of the second part of using
sufficient water from the premises
herein leased, necessary to the
operation thereon, the right of way
over and across said premises TO
the place OF operating, together
with the exclusive right to lay pipes
to convey oil and gas from this as
we'll as adjoining farms, the right
to remove any machinery or fix
lures placed on said premises by
second party.
THE second party hereby agree
to pay any damage done 10 grow
ing crops by the laying of pipes.
"One we'll to be competed with
in one year in Ellsworth, Meade,
Lincoln or Union districts from the
date hereof, unavoidable accident
excepted, and in case of failure to
complete operations on we'll with
in such time, the party of the sec
ond part agree to pay to the party
of the first part for such delay the
sum of ten cents per acre per an
mum after the time for completing
such we'll as above specified, paya-
bic by deposit at the--
or directly to the party of the first
part, and the party of the first part
agree to accept such sum
as full consideration and pay
ment for such yearly delay.
I'LL elo1I ha yN1afoH