Black v. D. I. Giarth (The Prairie Oil & Gas Company
| Decision Date | 07 December 1912 |
| Docket Number | 17,869 |
| Citation | 88 Kan. 338,128 P. 183 |
| Court | Kansas Supreme Court |
| Parties | A. H. BLACK et al., Partners, etc., Appellants, v. D. I. GIARTH (THE PRAIRIE OIL & GAS COMPANY, Garnishee, and THE FRICK-REID SUPPLY COMPANY, Interpleader, Appellees) |
Decided July, 1912.
Appeal from Montgomery district court.
Judgment reversed.
SYLLABUS BY THE COURT.
LIEN -- Oil Well--Labor and Material--No Lien on Oil Produced. No lien upon the oil produced can be acquired under a statute providing that any person who, under contract with the owner of a leasehold for oil and gas purposes, shall perform labor or furnish material used in making or operating any oil or gas well "shall have a lien upon the whole of such leasehold . . . or lease for oil and gas purposes, the buildings and appurtenances, and upon the materials and supplies so furnished, and upon said oil and gas well for which they were furnished, and upon all the other oil wells fixtures and appliances used in the operating for oil and gas purposes upon the leasehold for which said material and supplies were furnished and labor performed."
Thomas E. Wagstaff, and Edw. H. Chandler, both of Independence, for the appellants.
Black, Sivalls & Bryson sued D. I. Giarth upon an account and served garnishment summons upon the Prairie Oil & Gas Company. The garnishee answered that it had money belonging to the defendant on account of oil delivered by him, but that The Frick-Reid Supply Company asserted a claim to it. That company was made a party and filed an interplea in which it claimed the proceeds of the oil on the ground that it had a lien thereon acquired under the statute of Oklahoma. The plaintiffs filed a demurrer to the interplea. This was overruled and they appeal.
The sole question presented is whether the statute, which is the same as that of Kansas (Gen. Stat. 1909, § 3924), gives a lien upon oil produced by operators under a lease. It reads as follows:
"Any person, corporation or copartnership who shall under contract, express or implied, with the owner of any leasehold for oil and gas purposes, or the owner of any gas pipe line or oil pipe line, or with the trustee or agent of such owner, who shall perform labor or furnish material, machinery and oil well supplies used in the digging, drilling, torpedoing, completing, operating or repairing of any oil or gas well, or who shall furnish any oil well supplies or perform any labor in constructing or putting together any of the machinery used in drilling, torpedoing, operating, completing or repairing of any gas well, shall have a lien upon the whole of such leasehold or oil pipe line, or gas pipe line, or lease for oil and gas purposes, the buildings and appurtenances, and upon the material and supplies so furnished and upon said oil and gas well for which they were furnished, and upon all the other oil wells,...
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William M. Graham Oil & Gas Co. v. Oil Well Supply Co.
...is made that the parties were under any disability to make the agreement. The parties having so contracted, the case of Black v. Giarth, 88 Kan. 338, 128 P. 183, cited by defendants, is without application. The trial court conformably to this agreement decreed that an accounting of the join......
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William M. Graham Oil & Gas Co. v. Oil Well Supply Co.
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