Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 84
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DECISIONS ON MINES AND MINING.
gas should be paid for at the stipulated price according to the read-
ings of the meter.
Noble v. W. Pennsylvania Natural Gas Co. (Pennsylvania), 100 Atlantic 480.
NATURE AND EFFECT-RIGHT TO PROSPECT.
An oil and gas lease does not vest in the lessee the title to the oil
and gas in the leased lands and is not a grant of any estate therein;
but it is a grant of a right to prospect for oil and gas, and is an incor-
Shaffer v. Marks, 241 Federal 139, p. 142.
PAROL PROOF TO AID CONSTRUCTION.
In the construction of an oil and gas lease it is the duty of a court
to place itself as far as possible in the situation of the parties at
the time their minds met upon the terms of the agreement and from
a consideration of the writing itself ascertain their intention; but
if this can not be done from the instrument itself the circumstances
under which it was made and the subject matter to which it relates
may be proved and considered, and with these aids, it is the duty of
a court to so interpret the lease as to give effect to the mutual inter-
tion of the parties as it existed at the time of the constact so far as
that intention is ascertainable and lawful.
Bearman v. Dux Oil & Gas Co. (Oklahoma), 166 Pacific 199, p. 201.
JOINT LEASE-RIGHTS OF LESSORS.
The several owners of adjoining tracts of land united in a single
lease thereof to a third person for oil and gas purposes. The lands
were described in the lease as a single tract and provision was made
for the delivery of one-eighth of the oil produced to the lessors.
Under such a lease the royalty oil delivered by the lessee must be
divided among the lessors in the proportion as the area of the tract
of land owned by each of them bears to the total area of the tract
covered by the lease, regardless of the ownership of the tract or
tracts of land upon which wells were drilled from which the oil was
Lynch v. Davis (West Virginia), 92 Southeastern 427, p. 428.
Wettengel v. Gormley, 160 Pennsylvania 559, 28 Atlantic 934, 40 Am St. 733.
Higgins v. California Petroleum & Asphalt Co., 109 Cal. 304, 41 Pacific 1087.
JOINT LEASE OF SEVERAL TRACTS-RIGHT OF OWNERS TO RE-LEASE.
The several owners of contiguous tracts executed a single oil
lease and described the premises as a single tract of 600 acres. The
lessee drilled a well on one of the tracts but none on the others.
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/98/: accessed January 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.