(DOWNLOAD) "Broderick v. Stevenson Consol. Oil Co. Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Broderick v. Stevenson Consol. Oil Co. Et Al.
- Author : Supreme Court of Montana
- Release Date : January 07, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Quieting Title ? Oil and Gas Leases ? Nature of Instruments ? Rights of Parties ? Construction of Conveyance of Royalties ? Error in Holding That Granting Clause Absent ? Appeal and Error ? New Trial. Oil and Gas Leases ? Nature of Instruments. 1. An oil and gas lease granting all the oil and gas in and under a certain tract of land does not operate as a conveyance of the title to the oil and gas in place, the lessee being merely given the right to enter upon the land for the purpose of exploring for oil and gas and taking them, if found, to the extent of his rights under the lease. Same ? Oil in Ground Before Recovery Part of Land; on Recovery It Becomes Personal Property Subject to Division Under Lease. 2. Until the actual discovery of oil the interest of the lessee in the land covered by his lease is inchoate; oil remaining in the ground before recovery is a part of the land and belongs to the owner of the land, but when recovered under the lease it becomes personal property subject to division in accordance with the terms of the lease. Same ? Construction of Instrument Conveying Royalties ? Holding of Court That Granting Clause Absent Held Error. 3. Held, on the authority of Krutzfeld v. Stevenson, 86 Mont. 463, overruling Hochsprung v. Stevenson, 82 Mont. 222, in an action to quiet title to oil lands involving the construction of an instrument conveying certain royalties to accrue under an oil and gas lease similar to that in question in the Krutzfeld Case, - Page 35 particularly with relation to whether the instrument contained a proper granting clause, that the trial court erred in holding that it did not. Appeal and Error ? Party Failing to Introduce Evidence in Reliance on Supreme Court Opinion Subsequently Overruled, Entitled to New Trial for Purpose of Introducing Proof of Allegations of Complaint. 4. Where plaintiff in an action to quiet title to oil lands in her reply alleged, inter alia, that defendants agent in obtaining from her a deed under which defendant claimed, made misrepresentations, but in reliance upon a decision of the supreme court (thereafter overruled) as decisive of her case, failed to introduce evidence in support of the allegation, and the trial court, following the decision relied upon, erroneously entered judgment in her favor, the cause will be remanded for a new trial to enable plaintiff to make proof.