Carr v. Huntington Light & Fuel Co.
| Decision Date | 07 April 1904 |
| Citation | 33 Ind.App. 1,70 N.E. 552 |
| Parties | CARR v. HUNTINGTON LIGHT & FUEL CO. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Grant County; Hiram Brownlee, Judge.
Action by Alonzo W. Carr against the Huntington Light & Fuel Company. From a judgment for defendant, plaintiff appeals. Affirmed.
John A. Kersey, for appellant. St. John & Charles, for appellee.
Appellant commenced this action against appellee to quiet his title to the northeast quarter of the southwest quarter and the northwest quarter of the southeast quarter of section 18, township 24 north, range 9 east, in Grant county, Ind. The controversy grows out of the claims of appellee under an agreement entered into by the parties to the action on the 3d day of October, 1898, and which, omitting the formal parts, was in the following words:
“In consideration of the sum of Forty ($40.00) Dollars, and the covenants and agreements hereinafter contained, A. W. Carr and wife, first party, hereby grant and convey unto the Huntington Light and Fuel Company, second party, heirs or assigns, all the oil and gas in and under the following described premises, together with the exclusive right to enter thereon at all times for the purpose of drilling, or operating for oil, gas or water, to erect, maintain and remove all buildings, structures, pipes, pipe lines and machinery necessary for the production, storage and transportation of oil, gas or water, providing that the first party shall have the right to use said premises for farming purposes (except such part as is actually occupied by second party), namely: A lot of land situate in the township of Monroe, county of Grant, in the state of Indiana, as is described as follows, to wit: The northeast (1/4) of the southwest (1/4), and also the northwest (1/4) of the southeast (1/4) all in Section eighteen (18) township twenty-four (24) north, range nine (9) east, containing in all eighty acres more or less.
“The above grant is made upon the following terms:
“Second party agrees to drill a well upon said premises within twelve months from this date, or thereafter pay in advance the first party for further delay a yearly rental of forty ($40.00) dollars, until said well is drilled.
“Such rentals, when due, shall be deposited in Marion Bank, at Marion, Grant county, State of Indiana.
“Should second party refuse to make such deposits, or pay to first party on these premises, or at present residence of first party, the said rental when due as aforesaid, such refusal shall be construed by both parties hereto as the act of second party for the purpose of surrendering the rights hereby granted, and this instrument, in default of the rental payments, shall be null and void without further notice from second party.
“Should oil be found in paying quantities upon these premises, second party agrees to deliver to first party in the pipe line with which he may connect the well or wells, one-eighth (1/8) part of all oil produced and saved from the premises.
“Should gas be found second party agrees to pay first party One Hundred ($100.00) Dollars yearly, payable annually in advance, for each and every well from which gas is transported, or used off the premises, so long as the same is so transported.
“Second party shall bury, when requested so to do by the first party, all oil and gas lines, and pay all damages to growing crops, timber and fencing, caused by the aforesaid operations.
“No well shall be drilled nearer than 800 feet of the buildings now on the premises, without the consent of the first party, and no well shall occupy more than one-half acre.
“All additional taxes arising from increased valuation on each (1/2) acre drilled, caused by said operations thereon, shall be paid by the parties of the second part.
“Second party may at any time reconvey this grant, and thereupon this instrument shall be null and void.
“Should gas be found and not utilized from...
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