Zeigler v. Brenneman

• Decision Date: 15 December 1908
• Citation: Zeigler v. Brenneman, 237 Ill. 15, 86 N.E. 597 (Ill. 1908)
• Parties: ZEIGLER et al. v. BRENNEMAN et al.
• Court: Illinois Supreme Court

237 Ill. 15

86 N.E. 597

ZEIGLER et al.

v.BRENNEMAN et al.

Supreme Court of Illinois.

Dec. 15, 1908.

Appeal from Circuit Court, Crawford County; E. E. Newlin, Judge.

Bill by George Zeigler and others against L. A. Brenneman and another. From a decree in favor of a part of the complainants, defendants appeal. Reversed and remanded, with directions.Golden, Scholfield & Scholfield and A. Leo Weil, for appellants.

A. T. McDonald from a decree of the circuit This is an appeal by L. A. Brenneman and A. T. McDonald from a decree of the circuit court of Crawford county which cancels and sets aside as clouds upon the title of Edgar D. Zeigler, Ernest Zeigler, Anna Price, and Charles A. Rapp a lease executed to appellants by George Zeigler and Rachel Zeigler, his wife, and the assignments thereof, upon 18.825 acres of gas and oil land located in Crawford county. The decree also enjoins appellants or their agents or servants from in any manner interfering with the said Charles A. Rapp or his assigns in drilling or operating for oil or gas on said premises, or from entering thereupon for the purpose of prospecting or drilling for oil or gas, or from doing any other act tending to the production of oil therefrom.

George Zeigler, Rachel Zeigler, Edgar D. Zeigler, Drucilla Zeigler, Ernest Zeigler, Julia Zeigler, Anna Price, John Price, and Charles A. Rapp, the appellees, were the complainants and appellants were made defendants in the bill, which was filed on August 23, 1907. Later a supplemental and an amended supplemental bill were filed. Defendants answered, a replication was filed, and on April 10, 1908, upon a hearing before the court, a decree was entered, finding, among other things, that George Zeigler, Edgar D. Zeigler, Ernest Zeigler, and Anna Price are now, and have been for nine years prior to the filing of said bill, the owners in fee simple, as tenants in common, of the land in question, and that George Zeigler is the owner of the undivided one-half, and that Edgar D. Zeigler, Ernest Zeigler, and Anna Price are each the owner of the undivided one-sixth thereof; that said premises are in what is known as gas and oil territory, and that on June 25, 1907, said George Zeigler and Rachel Zeigler, his wife, Edgar D. Zeigler and Drucilla Zeigler, his wife, Ernest Zeigler and Julia Zeigler, his wife, Anna Price and John Price, her husband, executed a lease to said premises for oil and gas purposes to Charles A. Rapp, but that through the mistake of the scrivener who drew the lease the premises were misdescribed, and that on February 17, 1908, upon learning of the said mistake, the said lessors re-executed said lease with the proper description therein; that said Charles A. Rapp, immediately upon the execution of the first-mentioned lease, took possession of said land, and placed thereon machinery, a derrick, and material, and with his employés began the construction of a well for oil and gas, and that shortly after the said Rapp began said operations the defendants, without any right, unlawfully went in the night-time and entered upon said premises, and with force removed the said machinery, tools, and derrick, and greatly injured and damaged the property of said Rapp, and with force attempted to prevent him from operating upon the said premises for oil or gas; that Rapp again placed his machinery, tools, and derrick upon said premises and constructed thereon a well and succeeded in producing oil on said premises, and placed a tower thereon for the purpose of operating said well, and continued to operate the said well until the appointment of a receiver by the said court pending the determination of this cause, and that since said appointment the said receiver has been operating the said premises for oil.

The decree further finds that on June 9, 1905, the said George Zeigler and Rachel Zeigler attempted to execute what is called an ‘oil and gas lease’ upon the premises in controversy to one W. W. Seybert, and that said instrument was filed for record in the recorder's office of Crawford county on February 13, 1906; that on April 3, 1906, the said Seybert assigned and transferred all his right, title, and interest in his lease covering the land in question to one I. E. Ackerly, trustee, and that on April 20, 1906, the said assignment was filed for record in the recorder's office of Crawford county; that on January 29, 1907, the said Ackerly, as trustee, assigned and transferred all his right, title, and interest in and to said premises and said lease to the said McDonald and Brenneman, defendants, and that the said assignment was filed for record in the recorder's office of that county on February 1, 1907, and that the lease executed to Seybert, the assignments, and the records thereof are clouds upon the title of Edgar D. Zeigler, Ernest Zeigler, Anna Price, and Charles A. Rapp, and should be canceled and removed as to their interests.

The decree finds that Edgar D. Zeigler, Ernest Zeigler, and Anna Price had no knowledge of the execution of said lease to Seybert at the time it was executed, and that, when they were apprised of the fact and of their rights in the premises, they objected to the pretended lease and refused to join in the execution of the same, and notified defendants not to enter upon said premises for the purpose of operating for oil or gas, and have not at any time recognized the right of defendants to so operate thereon under said lease; that the said lease executed to Seybert by George and Rachel Zeigler gave to Seybert or his assigns no right to operate upon the said premises for oil or gas so long as the interest of said Zeigler remained unassigned to him; and that said lease is void as to the interests of Edgar D. Zeigler, Ernest Zeigler, and Anna Price, but that it is binding upon the interest of George Zeigler in the said premises should the same be assigned and set off to him during the life of said lease, and that in case such assignment is made appellants shall have the right to go upon the portion of said premises so set off to said George Zeigler and operate thereon for oil or gas, according to the terms and conditions of said lease. The decree further finds that Edgar D. Zeigler, Ernest Zeigler, Anna Price, and Charles A. Rapp are entitled to the relief prayed for by them, except that said Rapp has no right to operate for oil or gas upon that portion of said premises which may hereafter be set off to the said George Zeigler or his grantees if said interest be set off during the term of said lease executed to appellants.

It is ordered and decreed that Charles A. Rapp shall have the right to go upon said premises and each and every part thereof, during the term of the lease executed to him and to drill and operate for oil or gas, which right shall continue during the life of said lease, provided that, if the interest of said George Zeigler shall be set off as hereinbefore set forth, the said Rapp shall have no right to go upon the portion of the premises so set off, and shall have no right to interfere in any manner with the developing and operating of such portion of the said premises by the appellants, provided, however, that, if the lease now owned by the defendants shall have expired and the lease now owned by Rapp be in full force and effect, then the said Rapp shall have the right to go upon any part of the said premises to develop and operate the same according to the terms and conditions of his lease. It is then ordered that defendants, their agents and employés, be perpetually enjoined from entering upon said premises for the purpose of operating for oil or gas so long as the interest of George Zeigler remains unassigned, and from in any manner interfering with Charles A. Rapp or his assigns in operating upon said premises for oil or gas or from interfering with the well drilled by themselves on said premises; that the said lease executed by George Zeigler and Rachel Zeigler to the said Seybert, and the several assignments and records thereof covering the premises in controversy, are clouds upon the title of Edgar D. Zeigler, Ernest Zeigler, Anna Price, and Charles A. Rapp, and the same are canceled and held for naught in so far as they apply to their interests in the land in question.

It appears from the record that on February 11, 1865, George Zeigler and Martha V. Zeigler, his first wife, each became the owner of an undivided one-half of the land in question. About nine years before the filing of the bill Martha V. Zeigler died seised of her interest in this property, leaving no will, and leaving surviving her her husband and Edgar D. Zeigler, Ernest Zeigler, and Anna Price, her children and only heirs at law. After her death her husband continued to occupy the premises, and up until a short time prior to the beginning of this suit managed and controlled...