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Law v. Heck Oil Co.

145 S.E. 601 (W. Va. 1928)

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Law v. Heck Oil Co.

Supreme Court of West Virginia

145 S.E. 601 (W. Va. 1928)

Facts

Law (plaintiff) owned a 1/768 interest in the minerals on a tract of land. Heck Oil Co. (Heck) (defendant) owned the remaining 767/768 interest. Heck wanted to drill on the land and attempted to lease Law’s portion of the land. Negotiations broke down and Law declined to lease his portion of the land to Heck. Heck claimed that Law was asking for an unreasonable fee for the lease. Heck then began the process of drilling a well without Law’s consent. Heck assured Law that he would be paid his proportionate share of the oil produced from the land. Law filed suit, seeking to enjoin Heck from drilling the well. The trial court granted Law a permanent injunction, enjoining Heck from drilling without first receiving Law’s consent. Heck appealed.

Rule of Law

Issue

Holding and Reasoning (Maxwell, J.)

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