[DOWNLOAD] "Stoner v. Underseth Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Stoner v. Underseth Et Al.
• Author : Supreme Court of Montana
• Release Date : January 08, 1929
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Quieting Title — Oil and Gas Leases — Right of Lessee to finish Well after Expiration of Term — Lessor Terminating Lease — Notice to Lessee — Complaint — When Insufficient. Quieting Title — Oil and Gas Leases — Extensions of Term — Right of Lessee to Finish Well After Expiration of Term. 1. Under an oil and gas lease providing that it should remain in force for two years and as long thereafter as oil or gas was produced, and also that if drilling was not commenced within the time specified an extension could be had by payment of a rental fee. Two extensions were had and prior to the end of the second extension a well was commenced and drilled to a depth of 50 feet, after which no further drilling was done. Eight months later a quiet title suit was brought by the lessor, the question presented on appeal by defendant lessee from a judgment in favor of plaintiff being whether defendant could continue operations after the term had expired. Held, that under such a lease the lessee, having commenced to drill within the term (as extended), had the right to finish the well after the term had expired, the situation then being the same as if the well had been commenced during the original term of two years. Page 2 Oil and Gas Leases — Failure to Prosecute Drilling With Reasonable Diligence — Termination of Lease By Lessor After Notice Given — Complaint Must Allege Giving of Notice. 2. Where an oil and gas lease provided that the drilling of a well should be prosecuted with reasonable diligence until it should reach a certain oil and gas horizon, and in case of failure of the lessee in that respect, that the lease should terminate, after written notice given lessee specifying the condition or conditions wherein he was at fault, unless he should perform within thirty days, the complaint in an action by the lessor to quiet title to the land in question must allege that such notice was given, else it fails to state a cause of action and the question of diligence may not be litigated.

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