Triger v. Carter Oil Co.
| Decision Date | 13 October 1939 |
| Docket Number | No. 25229.,25229. |
| Citation | 23 N.E.2d 55,372 Ill. 182 |
| Parties | TRIGER et al. v. CARTER OIL CO. et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Partition action by Charlie Triger and others against the Carter Oil Company and others, wherein a guardian ad litem was appointed to represent the interests of four minor defendants. From an adverse judgment, the Carter Oil Company and others appeal, and the guardian ad litem filed a cross-appeal for the four minor defendants, after which a motion to dismiss an appeal of defendant Carter Oil Company and others was allowed.
Decree affirmed as to cross-appellants.Appeal from Circuit Court, Fayette County; F. R. Dove, Judge.
Walter Davison, of Mattoon, C. M. Oakes and Christy Russell, both of Tulsa, Okl., Craig & Craig, of Mattoon, W. F. Schuermeyer, of Tulsa, Okl., and Parker, Bauer & Parker, of Effingham (L. G. Owen, of Tulsa, Okl., of counsel), for appellants.
Smith & Murray, of Centralia, and Matheny & Welker, of Vandalia, for appellees.
Will M. Albert, of Vandalia, guardian ad litem for minor cross-appellants.
This is an appeal from a decree rendered in an equitable action involving the partition of lands located in an oil producing area in Fayette county. A guardian ad litem appointed to represent the interests of four minor defendants has filed a cross-appeal for them. The cause was submitted on briefs and oral arguments at the June term and taken under advisement. At the present term defendant appellants filed a motion to dismiss their appeal at their costs, which motion has been allowed. The only questions remaining for consideration are those concerning the interests of the cross-appellants.
The real estate involved consists of 32 acres of unimproved land which was owned by George W. Horn in his lifetime. He died, intestate, in 1932, leaving Mary C. Horn, his widow, and Edith Horn Denton, a daughter, his only heir. The widow did not elect to take dower and became seized of an undivided one-third interest; Edith Horn Denton inherited the remaining two-thirds. Mary C. Horn died in November, 1936, leaving cross-appellants, and others, her heirs-at-law. Cross-appellants each inherited an undivided 1/198 interest. June 1, 1936, Mary C. Horn executed an oil and gas lease to M. R. Von Almen, who assigned it to the defendant Carter Oil Company. The lease provided that the lessee had the right to enter upon the lands for the sole purpose of mining and operating for oil and gas, the laying of pipe lines, building tanks and such other structures as were necessary in the production of oil. The grant was not limited to the undivided one-third interest the lessor owned but purported to convey the entire title. It stated that the purpose and intent of the lessor was to lease all the lands, however described, owned by her in the section or sections specified. The lease was for ten years from date and as long thereafter as oil and gas was produced from said land by the lessee. It provided that if the lessee did not commence a well before the first of June, 1937, the lease should terminate as to both parties, unless the lessee should, on or before that date, pay the lessor, or deposit to her credit in a bank, ten cents per acre, which payment, it was agreed, should operate as a rental and cover the privilege of deferring the commencement of a well for twelve months from June 1, 1937. Provision was made for other extensions by payment of delay rentals each year.
After the execution of the oil and gas lease, Mary C. Horn executed a mineral deed to W. H. Davis in which she granted, bargained, sold, conveyed and assigned unto the grantee ‘an undivided one-half interest in and to all the oil and gas in and under and that may be produced from the following described lands,’ etc. It was agreed that the rights of the grantee in the mineral deed were subject to the rights of any lessee or assigns of any then existing oil lease, and that the grantee or his assigns should receive and enjoy the granted undivided interest in and to all bonuses, rents, royalties and other benefits which might accrue thereunder from and after the date of the deed. The right of ingress and egress was granted for the purpose of drilling, exploring and operating for oil and gas...
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