Acheson v. Stevenson

Citations

• 130 Pa. 633
• 18 A. 873
• 1890 Pa. LEXIS 1076

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 pi’emises, ...... 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.”</p> <p>(b) On a bill filed by the grantor to restrain the grantee from drilling for oil on the lot conveyed, it appeared from the affidavits read that the grantor himself had put down one or more producing wells, on property still remaining in his ownership, but adjoining that he had conveyed to the defendant.</p> <p>1. In such ease, the court below finding that the plaintiff’s equity was questionable, by reason of his own acts in drilling oil-wells near the lot conveyed, and that the injury was not irreparable on final hearing, an order refusing to grant a preliminary injunction on plaintiff’s motion would not be reversed.</p>