A Treatise on the Law of Oil and Gas, Količine 1–7

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Vernon Law Book Company, 1927 - 863 strani
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TrespassWillful and mistakenMeasure of damages
31
TrespassConfusion of goods
41
TrespassEquitable remediesInjunction
43
TrespassEquitable remediesNecessity of title
48
TrespassEquitable remediesAccountingMeasure of damages
52
WasteWhat tenants may not take oil and gas
55
WasteLegal remedies
58
Waste Remedies in equity
59
WasteDamages and forfeiture
62
Rights of reversioners and remaindermen against strangers
64
CHAPTER 4
65
Privileges to take oil and gas
70
Sum OIL
81
THE LANDOWNERS DUTIES
83
Company
99
Section
100
CHAPTER 6
109
Section Page
113
Separate interests in oil and gas created by grant or by exception
118
Nature of the legal interest in oil and gas created by deed exception
127
Loss of legal interest in oil and gas by adverse possession and non
138
Criticism
145
LEGAL INTEREST CREATED BY OIL AND GAS LEASES Section Page 49 Introductory
154
Problems of interpretation
155
Classification of property interests 163
163
Distinction between lease and license 166
166
Lessees legal interest as corporeal or incorporeal
173
The legal interest of the lessee as real or personal property 201
201
Effect of discovery upon the nature of the lessees legal interest
208
CHAPTER 9
215
Insane personsPower to lease
216
Executors and trusteesPower to lease for oil and gas
218
Married womenPower to lease for oil and gas
219
Power of cotenant to lease land for oil and gas
220
RailroadPower to lease right of way for oil and gas
224
Tenant for lifePower to lease
225
RemaindermanPower to lease
226
Description of land 230
230
Certainty of parties
232
Reality of consentFraud mistake and undue influence
233
ConsiderationMutuality
235
CHAPTER 10
272
In general
273
Early forms of the habendum clause
274
Inadaptability of the definite term lease
275
Definite term lease with option for renewal
277
Long definite term lease to continue beyond the fixed term for the producing life of the premises
278
Short definite term lease with thereafter clause
281
The no term lease
284
Lease to continue as long as gas is used for manufacturing purposes
290
What constitutes productionNot produced for lack of marketEx
300
Lease terminated at the end of the definite term where there is
306
Production in paying quantities
315
Paying quantities how determined
321
ing operations 362
324
Enforcement of the drill or forfeit lease
329
The drill or pay lease with surrender clause
337
Lessee under no duty to pay rent under unless lease
346
When delay rental is due under the unless lease
355
Completed well
365
CHAPTER 12
371
The expressed intent of the parties is controlling
382
Express covenant to develop
388
Implied covenant to drill test wells within a reasonable time
394
Implied covenant of the lessee to reasonably develop the land after
414
Implied covenant of the lessee to market oil and gas
420
Reasonable diligence
427
Standards of diligence
436
Selfhelp
445
141 Enforcement of forfeiture in equity
453
Inadequacy of legal remedies as basis of equitable relief
461
The variable nature of equitable relief obtainable
470
ASSIGNMENT
487
Notice of forfeitureBy whom and to whom given
492
Remedies of the lessor for failure of the lessee to drill or pay where
505
Abandonment
513
Abandonment a matter of intention
521
AbandonmentWaiver or estoppel
531
Section Page 170 Conveyance or assignment of the lessors interest
536
Power of the lessee to assign or sublet
545
Assignment of lease by decree of court
547
Contracts to assign leasesFormation interpretation performance and breach
550
Remedies for breach of contract to assign
553
Formal requisites of deed of assignment of lessees interest
555
Fraud in the assignment or contract to assign leases
557
Remedies for fraud in assignment or contract to assign lease
564
Rentals for delay in drilling
591
Yearly rental for gas wells
596
The free gas clause
602
Royalties for casing head gas
607
Oil and gas royalties percentage of profits
610
Rents and royalties by whom and to whom payable
611
Remedies for the nonpayment of rents and royalties
616
Division of rents and royalties between life tenant and remainder man
618
CHAPTER 18
620
Specific performance action by the lessor
627
Section Page 200 Specific performance brought by the lessee
628
Injunction
633
Partition of legal interests in oil and gas or oil and gas lands
635
Estates or interests which may be partitioned
636
CHAPTER 19
639
SUM OIL GASb
641
Express surrender
642
Effect of surrender
643
Removal of casing and machinery upon termination of lease
644
CHAPTER 20
646
Taxation of the mineral value of land against the owner
651
License or production taxes
652
Taxes on income derived from the operation of oil and gas lands
654
Taxation of lessees interest in oil and gas by including the value of leases in fixing the taxable value of capital stock
655
CHAPTER 21
656
Lien for labor
657
Lien for materials furnished
659
Necessity of contract
660
Property or interests subject to lien
661
Amount of lien
665
Filing notice of claim
666
Priority
668
CHAPTER 22
669
Injuries to property
671
DRILLING CONTRACTS Section Page 226 In general
676
Construction
678
Performance or breach
680
Performance by driller excused or waived
684
Performance or breach by the owner or lessee
686
Drillers right to compensation
689
Drillers rights upon breach by the owner or lessee
691
Remedies of the owner for breach by the driller
694
CHAPTER 24
696
Requisites of a mining partnership
699
Mining partnership distinguished from ordinary partnership
702
Limited powers of partners
703
Control by the majority
705
Partners duty to exercise good faith
707
Sharing of profits and losses
708
Partnership property
710
Dissolution
711
CHAPTER 25
713
Federal legislation
714
Requirements for location of oil placer claim
715
Location notice
721
Marking the location on the ground
722
Record of claim
724
Annual labor
725
Abandonment and forfeiture
726
Patent
727
The Withdrawal Acts
728
The Oil Leasing Act
732
Section Page 257 Naval petroleum reserves
741
Indian lands
742
Texas oil and gas lands
744
CHAPTER 26
745
MidContinent lease
746
Producers lease
751
Carter Oil Company lease
755
Prairie Oil Gas Company lease
759
Drill or pay clause with provision for forfeiture
762
General forfeiture clause
763
Government lease 76 5
771
Bond for government lease
772
Escrow agreement
773
Contract for extension of lease
774
Assignment of oil and gas lease
776
Assignment of part acreage covered by lease
777
Contract to purchase lease
778
Release of oil and gas lease
781
Drilling contract 784
784
Casinghead gas contract
789
Acknowledgment
796
TABLE OF CASES CITED Page 801
801
INDEX Page 835
835
Avtorske pravice

Pogosti izrazi in povedi

action adverse possession amount applicable authority clause Coal completion condition consideration continue contract conveyance corporeal court covenant decisions deed definite term delay determine drill drill or pay duty easement effect exist express fact failure forfeiture Gas Co gas lease give grant ground held hold Indiana intention interest created land landowner lease dated legal interest legal relations lessee lessor license limited meaning ment minerals mining Natural Gas Oil & Gas oil and gas Oil Co oil or gas operations owner parties paying quantities payment Penn Oil period persons Petroleum physical possession premises prevent principle privilege produced question reason rent rental reservation respect result rule separate Smith statement statute supra surface surrender terminate Texas tion tract unless

Priljubljeni odlomki

Stran 735 - ... but where such claims are held in common, such expenditure may be made upon any one claim ; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have...
Pojavi se v 160 knjigah iz obdobja 1872–2007
Stran 229 - ... or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Pojavi se v 264 knjigah iz obdobja 1792–2005
Stran 743 - ... act a prospecting permit, which shall give the exclusive right, for a period not exceeding two years, to prospect for oil or gas upon not to exceed two thousand five hundred and sixty acres of land wherein such deposits belong to the United States and are not within any known geological structure of a producing oil or gas field...
Pojavi se v 145 knjigah iz obdobja 1880–1991
Stran 783 - ... then this obligation to be void and of no effect, otherwise to remain in full force and virtue.
Pojavi se v 596 knjigah iz obdobja 1784–2006
Stran 807 - ... their free and voluntary act and deed for the uses and purposes therein set forth.
Pojavi se v 456 knjigah iz obdobja 1860–2007
Stran 744 - ... if unsurveyed, to be surveyed by the Government at the expense of the applicant for lease in accordance with rules and regulations to be prescribed by the Secretary of the Interior and the lands leased shall be conformed to and taken in accordance with the legal subdivisions of such surveys...
Pojavi se v 83 knjigah iz obdobja 1903–1991
Stran 748 - No claimant for a lease who has been guilty of any fraud or who had knowledge or reasonable grounds to know of any fraud, or who has not acted honestly and in good faith, shall be entitled to any of the benefits of this section.
Pojavi se v 90 knjigah iz obdobja 1911–1991
Stran 229 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Pojavi se v 706 knjigah iz obdobja 1797–2007
Stran 748 - An Act to amend an Act entitled 'An Act to protect the locators in good faith of oil and gas lands who shall have effected an actual discovery of oil or gas on the public lands of the United States, or their successors in interest...
Pojavi se v 71 knjigah iz obdobja 1911–1976
Stran 773 - An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain...
Pojavi se v 340 knjigah iz obdobja 1877–2005

Bibliografski podatki

QR code for A Treatise on the Law of Oil and Gas
NaslovA Treatise on the Law of Oil and Gas, Količine 1–7
A Treatise on the Law of Oil and Gas, Walter Lee Summers
AvtorWalter Lee Summers
ZaložnikVernon Law Book Company, 1927
Dolžina863 strani
  
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