Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-10-20

A decision that directly concerns val
liable acreage near the Gladys Belle
producer in the Kelvin Sunburst field
and. In principle, has a bearing on large
areas of leases in the field, was gwen
by Judge J. B. Leslie in district court
Thursday in the denial of the request
of M. M. Guerin for an Injunction
through which he sought to prevent
the Sunburst Oil and Gas from pro
ceeding with drilling operations on the
Mary L. Thornton tract.
The tract directly concerned In me
Injunction suit is 800 acres, described
as the. sc swA section s. sig neA sec
ton is. nwA section 1882 W.. As
land lying between the Gladys Belle
and id-Northern well to the north, the
tract is regarded as valuable. Two
wells are now being drilled, both OH
sets to the Gladys Belle.
The Importance attached to the de-
nial of the suit for injunction, as seen
by oil men, was that the case is con-
cerned with a lease, one of several So
called escrow leases" which were m
volved in the difficulties between L.. J.
Stevenson of the Sunburst and GORDON
Campbell last spring. After giving the
lease to Campbell, Mary Thornton
gave q second lease to Guerin, which
brought him into the present suit for
Injunction. The escrow leases" IN
clude in excess of 5000 acres, many
of them in parts of the proved area
of the field, and are said to total a sum
running into several hundred thousand
dollars.
Stevenson Holds Right
P - &c tLa sniff Gov in
junction was the fact that the leases,
held In escrow in the Sunburst State
bank, were involved in testimony IN
the defense. Judge Leslie ruled that
the original holder of the lease, Cor
don Campbell, or his assignee, Steven
son, is entitled to delivery of the Thorn
ton lease.
George Hurd of Norris, Hurd &
Rhoades represented the Sunburst On
and Gas and J. w. Freeman of Free
man, Thelen & Frary acted for Cue
rim.
The decision by Judge Leslie follows:
Much testimony was received IN
this case. under objection, which does
not relate to the matters involved
herein.
bell by Mary T. Thornton at the So
ticitation of DR.. Beaupre was delivered
to him by the said Thornton with no
thought of what had transpired at the
meeting held at the Sunburst bank by
the farmers and citizens of that sec
ton; and, while witnesses were per-
mitted to tell what was said and done
on the occasion of the meeting, it did
not influence or enter into the giving
OF the lease, because Mrs. Thornton
was ignorant of what occurred on the
occasion.
"The lease must be deemed to con-
tain all of the terms of agreement
discussed by DR.. Beaupre and Mrs.
Thornton before its execution.
Lease Not Recorded
'oThe lease was not acknowledged or
recorded and would affect only the
parties to the agreement and those hav-
sng actual or constructive notice OF
its execution.
THE lease was deposited with the
ing with the seventh clause Of the
lease, relating to, the time of the
commencement and prosecution of the
work of drilling for oil, the lessee,
or his assigns, was entitled to the
delivery and possession of the lease,
This requirement was complied with
by the Inauguration Of steps looking
to the sinking of a well within the
territory prescribed by the lease, and
weather and other conditions consid-
cred, the work was prosecuted with
reasonable diligence.
Mrs. Thornton was permitted to
say that agreement was that a well
was to be sunk on the land covered
by the lease and actual drilling to com
'mence within 80 days. The lease does
not so provide. and such testimony
was admissible as tending to vary
the terms Of the written lease.
1.-THE latest utterance of the su'
preme court of Montana in Rowe VS.
Observation-Disclosures 1 p e m II
company, 81 mont. rs, reads: In such
case parol evidence cannot be admit
ted to add another term to the agree
ment, although the writing c%ontains
nothing on the particular one to which
the parole evidence is directed. The
rule forbids addition by parol where
the writing is silent, as well as tt
vary where it speaks
'On the eighth of December. fol