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WHITE v. YOUNG (12/17/59)

December 17, 1959

WHITE
v.
YOUNG, APPELLANT.



Appeal, No. 62, April T., 1959, from order of Court of Common Pleas of Washington County, No. 5494, in equity, in case of H. H. White v. Charles E. Young. Order affirmed.

COUNSEL

Francis A. Barry, with him David M. Harrison, Edward S. Martin, and Harrison & Louik, for appellant.

Adolph L. Zeman, with him Robert L. Zeman, and Zeman & Zeman, for appellee.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Gunther

[ 191 Pa. Super. Page 340]

OPINION BY GUNTHER, J.

This is a suit in equity. The appeal before us is from an order of the court below dismissing preliminary objections and requiring defendant to file an answer.

Appellant is raising a question of jurisdiction under the provisions of the Act of March 5, 1925, P.L. 23.

The complaint filed in the lower court was seeking an order to have an oil and gas lease terminated; it also petitioned the court to decree that the leasehold was abandoned by appellant; that the appellant be required to deliver a surrender of said lease; that the appellant be required to plug the well; and to remove from the premises remaining equipment belonging to the appellant.

H. H. White, appellee herein, on September 3, 1945 leased to Charles E. Young 84 acres for the purpose of operating and drilling for oil and gas. The lease was drawn for a ten year term from the date thereof, and as much longer as oil and gas were found in paying quantities or as the rental described therein was paid. A well was drilled in 1946 and produced oil in paying quantities until June 28, 1955, when operation ceased.

The term of the lease expired on September 3, 1955 and on January 28, 1956, or prior thereto, appellant removed the motor, and on September 27, 1957 pulled the rods. On July 29, 1958, appellant was notified that his tenancy was terminated.

When a complaint in equity avers an abandonment of a leasehold for oil and gas, does equity have jurisdiction to decree an ...


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