Smith v. Louisiana Oil Refining Corporation

Citation12 F.2d 378
Decision Date12 April 1926
Docket NumberNo. 6963.,6963.
PartiesSMITH et al. v. LOUISIANA OIL REFINING CORPORATION.
CourtU.S. Court of Appeals — Eighth Circuit

C. W. McKay and Walker Smith, both of Magnolia, Ark., and C. E. Wright, of El Dorado, Ark., for plaintiffs in error.

T. J. Gaughan, J. E. Gaughan, E. E. Godwin, and J. T. Sifford, all of Camden, Ark., for defendant in error.

Robert C. Knox and Jordan Sellers, both of El Dorado, Ark., amici curiæ.

Before KENYON and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

April 24, 1920, plaintiffs in error, plaintiffs below, with their wives, executed an oil and gas lease to one E. R. Ratcliff, named as trustee. This lease, so far as material to this controversy, provides:

"The said lessor for and in consideration of twelve thousand five hundred and no/100 dollars, cash in hand paid, and other good and valuable considerations, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter contained on the part of the lessee to be paid, kept, and performed, has granted, conveyed, demised, leased, and let, and by these presents does grant, convey, demise, lease, and let unto said lessee, for the sole and only purpose of mining and operating for oil and gas, and laying of pipe lines, and of building tanks, towers, stations, and structures thereon to produce, save, and take care of said products, all that certain tract of land situated in the county of Ouachita, state of Arkansas, described as follows, to wit: The southwest quarter of northeast quarter (S. W. ¼ of N. E. ¼) and northeast quarter of southeast quarter (N. E. ¼ of S. E. ¼) of section twenty (20), township fifteen (15) south, range eighteen (18) west.

"This sale is made for the cash consideration herein recited and the further consideration of twelve thousand five hundred and no/100 dollars to be paid out of the half of the first oil produced and saved from this leased tract of section 20, township 15, south range, 18 west, and containing eighty (80) acres, more or less.

"It is agreed that this lease shall remain in force for a term of five (5) years from this date, and as long thereafter as oil or gas, or either of them, is produced from said land by the lessee.

"In consideration of the premises, the said lessee covenants and agrees:

"(1) To deliver to the credit of the lessor, free of cost, in tanks or pipe lines to which it may connect its wells, the equal one-eighth part of all oil produced and saved from the leased premises.

"(2) To pay the lessor two hundred and no/100 ($200.00) dollars each year in advance, for the gas from each well where gas only is found, while the same is being used off the premises, and lessor to have gas free of cost from any such well for all stoves and all inside lights in the principal dwelling house on said land during the same time by making _____ own connections with the well at _____ own risk and expense.

"(3) To pay lessor for gas produced from any oil well and used off the premises or for the manufacture of casing-head gas, two hundred and no/100 ($200.00) dollars per year, for the time during which such gas shall be used, said payments to be made each three months in advance.

"If no well be commenced on said land on or before the 1st day of May, 1921, this lease shall terminate as to both parties, unless the lessee on or before that date shall pay or tender to the lessor, or to the lessor's credit in the Bank of Stephens, bank at Stephens, Arkansas, or its successors, which shall continue as the depository, regardless of changes in the ownership of said land, the sum of eighty and no/100 ($80.00) dollars, which shall operate as a rental and cover the privilege of deferring the commencement of a well for twelve (12) months from said date. In like manner and upon like payments or tenders the commencement of a well may be further deferred for like periods of the same number of months successively. And it is understood and agreed that the consideration first recited herein, the down payment, covers not only the privilege granted to the date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid, and any and all other rights conferred.

"Should the first well drilled on the above-described land be a dry hole, then and in that event, if a second well is not commenced on said land within twelve months from the expiration of the last rental period for which rental has been paid, this lease shall terminate as to both parties, unless the lessee on or before the expiration of said twelve months shall resume the payment of rentals in the same amount and in the same manner as hereinbefore provided. And it is agreed that, upon the resumption of the payments of rental as above provided, the last preceding paragraph hereof, governing the payment of rentals and the effect thereof, shall continue in force just as though there had been no interruption in the rental payments.

"If said lessor owns a less interest in the above-described land than the entire and undivided fee-simple estate therein, then the royalties and rentals herein provided shall be paid the said lessor only in the proportion which his interest bears to the whole and undivided fee.

"Lessee shall have the right to use, free of cost, gas, oil, and water produced on said land for its operation thereon, except water from wells of lessor.

"When requested by lessor, lessee shall bury its pipe lines below plow depth.

"No well shall be drilled nearer than 200 feet to the house or barn now on said premises, without the written consent of the owners.

"Lessee shall pay for damages caused by its operations to growing crops on said land.

"Lessee shall have the right, at any time, to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing.

"If the estate of either party hereto is assigned, and the privilege of assigning in whole or in part is expressly allowed, the covenants hereof shall extend to their heirs, executors, administrators, successors, or assigns, but no change in the ownership of the land or...

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4 cases
  • Mackenzie Oil Company v. Omar Oil & Gas Company
    • United States
    • Delaware Superior Court
    • October 8, 1929
    ... 154 A. 883 34 Del. 435 MACKENZIE OIL COMPANY, a corporation of the State of Delaware, v. OMAR OIL & GAS COMPANY, a corporation of ... 905; Id., 7 Boyce 360, 107 A ... 298. See, also, Smith v. Bolles, 132 U.S. 125, 10 ... S.Ct. 39, 33 L.Ed. 279; Sigafus v ... Co. (Tex. Civ ... App.), 294 S.W. 259; Smith v. Louisiana Oil ... Ref. Corp. (C. C. A.), 12 F.2d 378; 13 C ... ...
  • Phx. Oil Co. v. Mid-Continent Petroleum Corp.
    • United States
    • Oklahoma Supreme Court
    • March 17, 1936
    ...¶31 The court in this opinion quotes with approval from the cases of Eastern Oil Company v. Beatty, supra; Smith v. Louisiana Oil Refining Corporation (C. C. A.) 12 F.2d 378; Greenwood & Tyrrell v. Helm, supra; Matthews v. Ramsey-Lloyd Oil Co., 121 Kan. 75, 245 P. 1064. From the latter case......
  • Gilbert v. Patterson
    • United States
    • Arkansas Supreme Court
    • May 16, 1927
    ... ... been made explicit, if so intended." Smith v ... La. Oil Refining Corporation, 12 F.2d 378 ...           ... ...
  • St. Clair v. United States
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • June 14, 1926

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