Marietta daily leader. (Marietta, Ohio) 1895-1906, 1899-06-28
More Injunction Suits.

been having a great deal OF trouble
lately, judging from the number Of in
Junction suits nlad by aNcfnays for
them. There have been injunctions to
stop operations, and injunctions be-
tween companies and owners Of lands,
for frst one purpose and then another.
The general cause Of trouble is the
giving OF various leases, which cause
conflict OF rights.
One Aled Tuesday Ia entitled Isaac
K. AdkiDs va Edward Smith, Jesse w.
Carothers and Frank Carothers. The
petition sets forth that Adkins, the
plaintiff, IDS the owner OF 122 acres of
hand In Newport township, and that
the defendants, Smith and Carothers,
did on the 21st doy of June and sew
eral days since that time wrongfully
and willfully tear down the fence and
enter with teams and drive over a GER
tain portion of the farm, doing damage
to his crop OF corn growing IN the
field. That they deposited large
amount OF coal and that they threaten
to go ahead and prepare for drilling a
we'll on the farm by making the neces-
sary erection Of derricks and placing
thereon the necessary machinery, boil
er, engine, ETC.. which will be OF great
disadvantage and damage to the farm.
Mr.. Adkins alleges that the damage al
No ha tiYNa
amounts to W least $500. The prayer
OF the petition Is that an injunction be
granted to restrain the defendants
from carrying out thedr Intention of
drilling and operating wells on the
farm for oil and gas purposes and
such dbher relief as the plaintdf Ia en-
Crtled
1t is reported thaa the suit arises
from personal difficulties Uebween the
owner of the land and the operators
for oil 1t will be remembered that
Adkins and Smith were reported to
have had personal encoHnter some
time ago. and It Is said there has been
.ad blood existing ever since.
The petttton. 1t may be noted. says
nothing OF any right the defendants
may have or hold to the property IT
would be naturally supposed that the
operators would not enter the farm
for the purposes as above oct forth II
they had no authority OF any kind. and
in this connection we made inquiry re-
garding the existence OF lease they
might hold.
We are told vuey have lease which
is good and valid instrument which
was given to James Story some time
ago and has by a series of assignments
become vested In the defendants to the
suit.
The property has recently become
valuable by the reason OF develop
ments Just across the river, and the
termination of the sHIt will be watched
with interest by every one intereSten
in oil business.
n. D. Folleut is the attorney for the
plaintifI and Underwood & Ludey are
representing the defendants, and will
today make a motion to dissolve the
temporary Injunction granted by Pro-
ate Judge Rood yesterday.
Another case was filed asking an in
junction last evening. Judge mood
took the matter up at once and decided
that the ground on which the injunc-
ton was asked was sufficient and
therefore granted the injunction tenn
porarily..
The petition is a very lengthy one,
made necessary by the fact that there
has been several transfers of the prop
erty and several leases given by the
various owners and now some of the
lease holders wish to operate and 9TH
era who claim TO nave and hold a pri-
or cladm to the property wlsh them re-
strained.
The pLainhffs are eight Ia Humber,
Aessrs. GraceY, Kaiser. Moore, Dale
and Jett being among them. while the
defendants muster the same number,
there being David Burton, James W.
Kerr, Leroy G. Kerr the Franchot
brothers (O Forbes and others.
The petition States that David W.
Burton. one OF the defendants, IL the
owner OF GO acreS OF land subject to oil
and gas lease which was given by John
N. Hayman 90 John Kaiser, which al
though Kaiser took In nis own name,
was taken for the use and purposes OF
all the others named az plaintiffs In
the case. and tAey have shared equal
ly in the eIpenOe OF drilling one we'll
to depth Of about 500 feet through
the ArSt Gov Ran sand and In all 9TH
er expenses ancident 70 the obtaining
and --olding the lease This lease was
given by John n. Hayman. who owned
the property, on Nov. 17th. 1898, and Is
to run for twen& years. or al long as
oil or gas Is found In paying Quantities
and the plaintiffs claim that they have
done al Ito hold the iease that they
agreed 30 DO. They also claim that
the land when sold TO Burton by Hay
man was sold suoiect 10 che lease.
Ii seems that the Haymans had CIV
en- a lease to James W. hNerF and Leroy
Z. Kerr on March G0th, 1891, by the
terms OF Ushigb tha KarFa Wera m ha