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: 77
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DICKINSON V. ROBINSON 77
Co. v. Doran, 142 U. S. 435, 12 Sup. Ct. 239, 35 L. Ed. 1063; Fudge v.
Payne, 86 Va. 303, 308, 10 S. E. 7; Wright v. Wright, 124 Va. 114, 97
S. E. 358. This means in practical application, we think, that the evi-
dence in proof of the existence of an instrument conveying land al-
leged to be lost must be, not only preponderant, but so strong and clear
that the mind of the judge or jury rests with complete satisfaction on
the conviction that the security of land titles will not be disturbed by a
finding in favor of the existence of the alleged lost instrument.
The District Court found, not only that the evidence of the execution
of a grant was not clear and conclusive, but that the weight of the evi-
dence was against the inference that it had been signed. Both of these
findings have ample support in the testimony, and the judgment of the
District Court is therefore binding on us.
Stark v. Starr, 6 Wall. 402, 18 L. Ed. 925, and Barney v. Dolph,
97 U. S. 652, 24 L. Ed. 1063, do not support the position that in an ac-
tion of ejectment compliance with all the conditions required by the
Virginia statute for obtaining a grant is equivalent to the grant itself.
Both cases were decided under special statutes relating to Oregon lands,
and have no application here.
DICKINSON et aL v. ROBINSON et al.
(Circuit Court of Appeals, Fourth Circuit. February 1, 1921.)
1. Mines and minerals 4m75--Provision for arbitration in lease held to apply
to differences as to rent for renewal term, as affecting validity of renewal
Where an oil and gas lease gave lessee the right of renewal on expira-
tion of the term "at an agreed rental and royalty not less than the an-
nual rent and royalty as reserved by this lease," and also provided that
"all questions and differences arising under this lease" should be arbi-
trated as therein prescribed, the latter provision held to apply to any dif-
ference which might arise as to the rent and royalty for the renewal
term; and to remove any uncertainty as to such rent and royalty which
might affect the validity of the renewal clause.
2. Ejeetment o17-Lessor without standing to maintain ejectment against
Where a lessee is in possession with right of renewal, and has given
notice of his election to exercise the right, the lessor cannot acquire a
right of possession which will qualify him to maintain ejectment against
the lessee by refusing to agree on the rental for the renewal term, or
to arbitrate the question as required by the lease.
3. Landlord and tenant C86(2)-Lessee should give notice of election to re-
new by end of term.
A lessee should give notice of his election to renew under the terms of
his lease before or at the termination of the original term, though such
notice need not be a formal written or even oral communication; but any
act, expression, or course of conduct indicating his election to renew is
=For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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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/m1/99/: accessed December 18, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.