Acheson v. Stevenson

Citations

• 146 Pa. 228
• 23 A. 331
• 1892 Pa. LEXIS 1215

Syllabus

<p>(a) A deed conveyed a town lot, adjoining other lands of the grantor, with the habendum: “ To have and to hold the said premises, .... without, however, the right to drill or mine for petroleum, carbon oil, or natural gas, which right is not intended to be conveyed, but is forbidden to both parties hereto.” The grantee afterward drilled a producing oil well on the lot conveyed.</p> <p>(b) On a bill filed by the grantor for an injunction, an account, etc., the master reported a finding that the plaintiff had failed to establish his material averments, (1) that the title to the oil in the lot conveyed was in himself, and (2) that the purpose of the provision was to protect his unsold lands from being drained by operations for oil on lots sold; approved:</p> <p>1. In such case, the plaintiff was entitled to an injunction restraining the defendant from operations for oil on the lot conveyed, in violation of the restrictive covenant and rendering the neighborhood less desirable for residences; but he was not entitled to an account as for damages measured by the amount of oil obtained by the defendant in his operations.</p>