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Westmoreland & Cambria Natural Gas Co. v. De Witt et al.

18 A. 724 (1889)

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Westmoreland & Cambria Natural Gas Co. v. De Witt et al.

Pennsylvania Supreme Court
18 A. 724 (1889)

  • Written by Robert Cane, JD

Facts

Westmoreland & Cambria Natural Gas Company (Westmoreland) (plaintiff) acquired an oil-and-gas lease from Brown (defendant). Brown owned the surface and mineral estate on the land subject to the lease. After Westmoreland constructed a well, it held the gas in reserve instead of extracting it. Brown conveyed a lease to another company and sought the removal of Westmoreland from his land. Westmoreland brought an action against Brown, seeking injunctive relief with respect to Brown’s lease to the other gas company. The lower court found that Brown had taken full and absolute possession of the premises and rights granted by the lease because possession of the land was possession of the gas. Westmoreland appealed.

Rule of Law

Issue

Holding and Reasoning (Mitchell, J.)

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