The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-10-08
ODD ACTIONS OF
SOUTH J !. | penn b
SET sAsl ING OF S UP RENE
COURT WHICH DERIVES it
4 81 OF REVENUE. VI AZ n.

s couRT6WHI DERIVES lT
4. OF; REVENUE. NJ A AZ
NEW sIARTINsyILLE, ": Va, Oct
The records Of the Circuit Court here
bear evidence of swift kick admin.
istered to the Supreme Court OF Az.
peals of the State OF West Virginia.
The South Penn OIL Company has
never been accused OF being foolish
.ly'philanthropic but the fact remains
that It has voluntarily set aside ru!-
ing Of the Supreme Court Of Appeals
and voluntarily effected compromise
which deprivcs 1t of revenue accorL-
ed 1t by the said court.
In the case Of "A. T. Morris VS.. s. A..
Smith, etlal. on motion OF Wesley Du-
ianey and the South Penn Oil Co. there
was filed the mandate OF the Suprems
Court OF Appeals decreeing the ap.
peal and supersedeas as heretofore
awarded, be dismissed and dropped
from the docket by consent Of all par.
ties.
In 1868 John 5. Morton sold 100
acres of land In Center district, this
county. to Howard Spencer, reserviny
q one-ten,h right in mineral oil ito be
delivered in barrels on the ground, the
barrels to be furnished by Norton"
This was at time, by the way, In
which many locations were being
made for oil and unsuccessfuly, on
tracts that have been later shown 70
be productive. In few cases was the
drilling deep enough. OIL drilers had
not the tools necessary to drill as
deep as now.
Spencer cut up the land into twelve
blocks and disposed of 1t. Not all the
deeds then made out bore any evidence
OF Morton's one-tenth reservation.
Only one or two bore such notice.
In 1892 Attorney Charles Barrick
purchased for client, Morton's reser.
walton for $1,000. The reservation was
later sold to the South Penn OIL Co.
for $4,000. Previous to this time the
South Penn had purchased leases on
the property. -l
e
The present suit, brought to estab-
fish the rights in n certain tract OF
land bought from Wesley Dulaney,
both named litigants owning one.
sixteenth interest royalty, soon re.
solved itself into the issueas to whetl,.
er the landholders should pay their
share of the one-tenth reservation on.
of their one.cighth royalty.
The local court held that while the
farmers, constructively knew OF Nor.
toms reservation, as, a matter OF fact
they knew nothing Of the kind. and the
company. agreeing TO work on u seven
Fights working interest had no right
to hold the reservation as club over
the land owners. A verdict was given,
therefore, giving the landlolders a
clear one-eighth interest. the reserva.
lion being paid by the South Penn.
The South Penn took the matter to
the Supreme Court Of Appeals, asking
that the landholdcrs be compelled TO
pay one.eighth OF the reservation, u.
one-tenth of their one.eighth. The Sill.
preme Court found for the South Penn.
and called upon the landliolders to pay
not The one.eishtleth the South Penn
called for. but one-eighth. which prac-
tically wiped out the holdings OF most
of them. md did entirely wipe out the
holdings OF those who had disposed of
half their holdings. selling a one.siS.
teenth as they happened to need thu.
money. Eg
South Penn lawyers, 1t is said. after
looking over the ground. came to the
conclusion that the ruling of the court
OF appeals could not be maintained
and they suggested the compromise
which has Just become the fact. The
South Penn gets what 1t originally
asked for and the landholders will pay
one-tenth of what the Supreme Court
rules they should pay.