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eBook details

• Title: Reickhoff v. Consolidated Gas Co.
• Author : Supreme Court of Montana
• Release Date : January 11, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

1. Appeal and error ? Driller was wilful trespasser on reversal of decree. Owner which obtained decree declaring oil and gas lease to be void and which immediately entered upon the property and commenced its own drilling operations assumed risk of having decree reversed on appeal, so that where decree was in fact reversed, the owner was a "wilful trespasser" and required to account to lessee for gas produced from successful well. 2. Equity ? Mistakes of law. Ordinarily, court will not relieve from prejudicial effects of mistake of law induced by erroneous decision of inferior court. 3. Words and Phrases "Pending." Action to quiet title and to have oil and gas lease declared void was "pending" from time of its commencement until final determination upon appeal. 4. Mines and minerals ? Right to explore. Grantee of fee took title subject to exclusive right and interest of lessee to drill and explore for gas and oil. 5. Equity ? Relief as good conscience dictates. Equity looks at the whole situation and grants or withholds relief as good conscience dictates. 6. Mines and minerals ? need of gas does not justify trespass. Wilful trespass by gas company, invading rights of lessee under oil and gas lease could not be justified because of companys need for gas to supply customers. 7. Equity ? Equity may settle all matters. Where equity court takes jurisdiction, such jurisdiction is full and complete and court may render final judgment in relation to all matters involved and growing out of the controversy. - Page 556 8. Soldiers and Sailors ? Well inured to benefit absent soldier. Where owner became a wilful trespasser from time that it entered upon land, and undertook to drill gas well commenced by lessee before he was taken into military service, the producing well drilled by owner inured to benefit of lessee and kept lease in good standing.

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