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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Vsebina

TrespassEquitable remediesInjunction
47
WasteTaking oil and
53
WasteRemedies in equity
61
Landowners privileges generally
67
THE LANDOWNERS DUTIES
83
Ohio Oil Company v Indiana
94
Walls v Midland Carbon Company
100
CHAPTER 6
109
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
CHAPTER 8
143
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
Conveyance or assignment of the lessors interest
170
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
86
294
92
300
Lease terminated at the end of the definite term where there is
306
Production in paying quantities
315
Paying quantities how determined
321
Section Page
324
Duty to pay rent under drill or pay lease
343
When delay rental is due under the unless lease
351
Payment of delay rentals
357
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
Waiver by acceptance of delay rental
499
Remedies of the lessor for failure of the lessee to drill or pay where
505
Abandonment
512
163
518
160
524
167
531
Contracts to assign leasesFormation interpretation performance
536
Assignee as a bona fide purchaser for value
569
Covenants for title in assignment of lease
575
Property transferred by assignment of lease
586
The free gas clause
603
Royalties for casing head
609
195
616
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
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
676
Performance by driller excused or waived
684
Drillers rights upon breach by the owner or lessee
691
In general
697
Limited powers of partners
703
Partners lien
709
Naval petroleum reserves
713
Requirements for location of oil placer claim
719
252
725
The Oil Leasing
733
Indian lands
743
Drill or pay clause with provision for forfeiture
762
Bond for government lease
772
Contract to purchase lease
779
Drilling contract
785
TABLE OF CASES CITED
801
Page 835
835
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Priljubljeni odlomki

Stran 733 - ... 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...
Stran 227 - ... 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.
Stran 741 - ... 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...
Stran 781 - ... then this obligation to be void and of no effect, otherwise to remain in full force and virtue.
Stran 805 - ... their free and voluntary act and deed for the uses and purposes therein set forth.
Stran 742 - ... 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...
Stran 746 - 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.
Stran 227 - ... 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...
Stran 746 - 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...
Stran 771 - An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain...

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