Crawford v. Ritchey
| Decision Date | 03 April 1897 |
| Citation | 27 S.E. 220,43 W.Va. 252 |
| Parties | CRAWFORD v. RITCHEY. |
| Court | West Virginia Supreme Court |
Submitted February 6, 1897
Syllabus by the Court.
1. Where a lease is made on the 12th day of April, 1889 "for the sole and only purpose of drilling and operating for petroleum oil and gas for the term of twenty years, or as long thereafter as oil or gas is found in paying quantities," and providing that the lessee shall commence one well on or before the 10th day of May, 1889, and prosecute the same to completion, unavoidable accidents excepted, and on the 26th day of October, 1889, the time is extended for such commencement of work by written indorsement on the lease to the 28th day of November, 1889, and nothing is done under said lease for the period of seven years from said last-named date, the lessee is presumed to have abandoned the said lease, and a court of equity may entertain a suit to cancel the lease and quiet title.
2. A party has not an absolute right to the interference of a court of chancery to relieve him against his own act, but it is a matter of sound discretion, to be exercised by the court according to its own notion of what is reasonable and proper under all the circumstances of the particular case. Eckman v. Eckman, 55 Pa. St. 269.
Appeal from circuit court, Marshall county.
Bill by Robert Crawford against J. B. Ritchey. From a judgment sustaining a demurrer to the bill, plaintiff appeals. Reversed.
Robert White, for appellant.
J. B McLure, for appellee.
At the April rules, 1896, Robert Crawford filed his bill in chancery in the circuit court of Marshall county against J. B Ritchey, showing that the plaintiff and defendant entered into a written contract, as follows:
"This lease, made this 12th day of April, A. D. 1889, by and between Robert Crawford, of Cameron township, of the county of Marshall and state of W. Va., of the first part, and J. B. Ritchey, of West Middleton, Washington Co., Penn., of the second part, witnesseth: That the said party of the first part, in consideration of the stipulations, rents, and covenants hereinafter contained on the part of the said party of the second part, his executor, administrators, and assigns, to be paid, kept, and performed, have granted, devised, and let unto the said party of the second part, his executors, administrators, and assigns, for the sole and only purpose of drilling and operating for petroleum oil and gas for the term of twenty years, or as long thereafter as oil or gas is found in paying quantities, all that certain tract of land situated in Cameron township, Marshall Co., and state of West Va., bounded and described as follows, to wit: On the east by lands of Wm. Woodburn and others, on the north by lands of Samuel Kettle and others, on the west by land of Thompson and London, on the south by lands of town of Cameron, containing two hundred and sixty-four acres, more or less, excepting and reserving therefrom thirty rods around the buildings on the premises, upon which there shall be no wells drilled, the boundaries of which shall be designated and fixed by the party of the first part. The said second party hereby agrees, in consideration of the said lease of above-described premises, to give said first party one-eighth 1/8 of all the oil or mineral produced and saved from said premises, and further agreed to give $300 per annum for the gas from each and every well drilled on the above-described premises in case the gas is conducted and used off the above-described premises; the second party not to unnecessarily disturb growing crops thereon, or the sences.
Said second party has the right, which is hereby granted him, to enter upon the above-described premises at any time, for the purpose of mining or excavating, and the right of way to and from the place of mining or excavating, and the exclusive right to lay pipe lines for the purpose of conveying and conducting water, steam, gas, or oil over and across the said premises, and also the right to remove at any time any and all machinery, oil-well supplies, or appurtenances of any kind belonging to said second party. The party of the second part, their heirs and assigns, further agree to commence one well in Cameron or Liberty township, Marshall Co., West Va., on or before the 10th day of May, 1889, and prosecute the same to completion, unavoidable accidents excepted. It is further agreed, if gas is found in sufficient quantity, then first party shall have free gas for dwelling house and store (test well to be started on above farm, as per date above). It is understood by and between the parties to this agreement that all conditions between the parties hereto shall extend to their heirs, executors, and assigns. In witness whereof, we, the said parties of the first and second part, have hereto set our hands and seals, the day and year above written. Robert Crawford. [L. S.] J. B. Ritchey. [L. S.]
--Which lease was duly sealed, acknowledged, and recorded in the clerk's office of the county court of Marshall county.
Plaintiff charged in his said bill that it was the purpose understanding, and intention between the said parties to the contract that the real estate therein described was to be used for the production of oil and gas, if any could be found, and that it was the purpose, understanding, and intention of the said parties, in entering into the said contract, that the said defendant should proceed to develop the said property as to said productions; and it was agreed thereby that a test well should be started on the said farm before the 10th of May, 1889, for the purpose of such development thereon. Plaintiff further shows that such development of such property was the reason for his entering into the said contract with the said defendant, and that said lease or contract constituted a grant of the said property to the said defendant to bore, drill, or mine for oil or gas on the said property, and that it was the duty of the said defendant to have proceeded within a reasonable time, as ...
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