The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 78
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272 iEDIERAL REPORTER
In Error to the District Court of the United States for the Southern
District of West Virginia, at Charleston; Jeter C. Pritchard and Ben-
jamin F. Keller, Judges.
Ejectment by Willard F. Robinson and the Owens Bottle Machine
Company against John Q. Dickinson and J. Q. Dickinson & Co. Judg-
ment for plaintiffs, and defendants bring error. Reversed.
W. E. R. Byrne, of Charleston, W. Va. (R. G. Altizer, of Charleston,
W. Va., on the brief), for plaintiffs in error.
'Buckner Clay, of Charleston. W. Va. (James F. Brown, of Charles-
ton, W. Va., Brown, Geddes. Schmettau & Williams, of Toledo, Ohio,
and Brown, Jackson & Knight and Price, Smith, Spilman & Clay, all
of Charleston, W. Va., on the brief), for defendants in error.
Before KNAPP and WOODS, Circuit Judges, and .WADDILL,
WOODS, Circuit Judge. In this action of ejectment for the re-
covery of 1,318 acres of land, error is assigned in the exclusion of
oral testimony offered by the defendants and in the direction of a
verdict in favor of the plaintiffs.
Benjamin F. Butler and A. Augustus Low, trustees, being seized
as owners of a tract of land containing 8,700 acres, more or less,
on January 25, 1893, executed an oil and gas lease covering the entire
tract to the Great Kanawha Company. The lease passed by assign-
ment of the lessees to the Eastern Oil Company, November 23, 1893;
to the Charleston Natural Gas Company, March 28, 1894; ',to the
defendant John Q. Dickinson, July 1, 1907: to the defendant cor-
poration, J. Q. Dickinson & Co., March 30, 1915. The last assignment,
to the defendant J. Q. Dickinson & Co., was acknowledged Decem-
ber 18, 1917, delivered in February, 1918, and recorded December
Benjamin F. Butler, having become sole trustee, on December 5,
P911, conveyed 1,318 acres, the land here involved, part of the 8.700
acres, to Willard F. Robinson. On April 17, 1917, Robinson executed
an oil and gas lease covering the tract of 1,318 acres to the Kanawha
Manufacturers' Gas Company. The Kanawha Manufacturers' Gas
Company on July 1, 1917, assigned their lease to the Owens Bottle
Machine COmpany. Butler, trustee, conveyed, on November 29, 1902,
1,069.43 of .the 8,700 acres to the Marmet Coal Company, and on May
16, 1916, the oil and gas under the remainder to I. G. Sayre, but these
two conveyances are not involved.
The sole issue in this case is whether the defendants, under the
terms of the senior lease of January 25, 1893, duly assigned to them,
are entitled to hold the oil and gas rights against Willard F. Robin-,
son, the owner of the fee under the junior conveyance from Butler
of December 5, 1911, and the Owens Bottle Machine Company, Robin-
son's lessee under' hi lease of April 1, 1917.
Defendants' lease was for 25 years from January 25, 1893, and it
had therefore expired before August 5, 1918, when this action was
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/100/: accessed September 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.