The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-04-26
FARMERS
RIGHTS ARE
PASSED ON

n Cnited States court. Thursday
morning Judge A. G. Dayton passed
~ neB and interesting questions of
law ID tl9is State in the snit Of Flaw
ins / I.ough against Harvey II. Hill
ton regarding the development of
3 acres ofoifand gas territory. The
case came up on demurrer. The
suit yas originally instituted in the
circuit conrtof Harrison county, but
was removed on petition of the de-
PENDANT to the United States court,
claiming diverse citizenship, and
now IN the defendants demurrer to
the declaration wants the suit thrown
out Of the federal court because
Tough resides in the Northern dis
trict of West Virginia. Judge
DAYTON ruled that part of the de
nurrer could not be sustained, say
ing the defendant could not now
raise the question Of the jurisdiction
of the court in that particular.
The declaration sets forth that.
Lough executed to one Hart an oil
lease on the land in Tenmile district
and the same was signed by Lougi
and his wife, the latter conveying
no vested right but a probable con-
tingent interest, that she would
have had, had her husband died and
z left here alive. The demurrer set
forth that she is not a party to the
suit and that she should have been
made a plaintiff. Judge Dayton
said she merely signed the lease to.
help and protect her husband and
not for the purpose of receiving any
gain or interest herself, and with the
oil in The pipe lines it became per-
sonalty and MOI realty, thus releas-
ing even contingent interest to the
wife. He accordingly overruled
that part of the demurrer, having
decided that she did not have TO be u
party plaintiff.
Prior to the bringing of the suit
Park assigned seven-eighths interest
Of the lease to Hilton and after that
and prior 10 the institution of the
sifit Lough sold his to Hilton. The
demurrer said Park should have
been made party co-plaintiff to the
sait but it was assumed that Hilton
agreed TO assume all damages and
obligations Of Park, as he was to get
al The profits, ande therefore, Park
Is relieved from all damages. Judge
DAYTON ruled that Hilton was the
exclusive owner and was liable to the
loss or for damages, il such be
proven. and that part of the demur-
rer was oyerruled.
Judge Dayton said that the aver
nent made about the mis-manage-
ment of wells and lack Of develop
ment was to be matter of fact and
could not be forestalled on demurrer.
The most interesting part and the
most far-reaching of the decision
was in reference to the drilling Of
wells and the development of the
property. 1t appears two wells were
drilled, at first producing so and
100 barrels a dqv respectively, and
then Hilton failed and refused to
further develop the tract, for which
$1,000 damage is asked next he fail
ed and refused to operate for gas on
the eastern portion Of the farm.
where a gas belt exists, for which
failura $4,000 more is asked. and
next Hilton refused, 70 drill wells
counter to wells along lines between
the Lough farms and other farms
and thereby allowed the wells on the
other farms to drain the oil from
3 the Lough farm. for which failure in
every instance Of well $1,000 each
is asked; also $4,000 is asked for re-
fusal to deliver one-eighth Of the
oil'of the two drilled wells into the
pipe line, instead only three-thirty-
seconds being so delivered.
Judge Dayton referred to the
Pennsylvania rule laid down by the
couvts of that State, stating that the
Judgment of the operator was to
govern and determine whether de
yeloPment should proceed. He held
that the operator took all the risk
aud made all the outlay and ought,
therefore, to have almost full power
to determine whether he would-de-
velop farm, after having begun it.
and that the say of the land owner
should be less because he had every
thing to gain and nothing to lose,
but at the same time there was a
,Rroxision in the rule protecting
ess5alnst fraud on the part of the OPP
tie case at bar It was apparent
the Lohgh tract Of territory is situa-