Black v. Sylvania Producing Co.

• Decision Date: 05 July 1922
• Docket Number: 17179
• Parties: Black Et Al. v. Sylvania Producing Co.
• Court: Ohio Supreme Court

137 N.E. 904

105 Ohio St. 346

Black Et Al. v. Sylvania Producing Co.

No. 17179

Supreme Court of Ohio

July 5, 1922

Partition - Right to remedy liberally construed - Leasehold interest in oil and gas partitionable.

1. The right of partition, either under the statute or in equity, is remedial in its nature, and should be liberally construed.

2. A leasehold interest for oil and gas, with the usual rights and appurtenances necessary to development of the lands and the production of such oil and gas, Is partitionable, either under the statute or, as In this case, in equity.

The Sylvania Producing Company filed its petition in the court of common pleas of Monroe county, Ohio, against the defendants Charles O. Black and Samuel A. Black praying for a partition of the rights and interests in and to certain leases on three several tracts of land therein described, particularly "certain leases for oil and gas purposes and leasehold estates thereby respectively created."

It is averred in the petition "that each of the above oil and gas leases and leasehold estates are to continue for and during such a period of time as they, or either of them may produce oil or gas in paying quantities."

It is further averred that the plaintiff was then an owner of an undivided one-half part of the leases, and that each of the defendants was the owner of an undivided one-fourth of such leases.

It is further averred "that the lands above described have been rich in the production of oil for many years last past and that each of said tracts is still producing oil and gas in paying quantities, and will continue to produce in paying quantities for many years. * * * That there is no person in charge of said property, but that plaintiff and defendants have been attempting to jointly operate and look after the same, to their financial loss, that the defendants herein have not been meeting their part of the bills and expenses of said operations, as they became due, and are now in default for payment to this plaintiff."

Plaintiff in its petition further says that it does not desire to continue the joint operation of such premises with the defendants; that it desires to terminate the relations existing between itself and the defendants in and to the property, wherefore it prays that each of said oil and gas leases and leasehold estates above described may be partitioned, and its interests be set off to it in severalty; and, if that cannot be done, that the property may be sold according to law, and the proceeds arising from such sale be divided, and an accounting had between plaintiff and defendants; and if partition cannot be had of said premises, that a receiver may be appointed to take charge of the property and to sell the same under the order of court, etc. It further prays for all and further relief to which it may be entitled either in law or equity.

To this petition defendants demurred, which demurrer was overruled.

The defendants not desiring to plead further, judgment was entered for the plaintiff, and an order of partition was made and commissioners appointed. Error was prosecuted to the court of appeals, where the judgment of the court of common pleas was affirmed. Error is now prosecuted to this court to reverse those judgments.

Messrs Sykes & Folger and Messrs. Lynch & Lynch, for plaintiffs in error.

Messrs Moore, DeVaul & Moore, for defendant in error....