Findley v. Warren

Citations

• 248 Pa. 315
• 94 A. 69
• 1915 Pa. LEXIS 568

Syllabus

<p>Waste — Oil lands — Lease by life tenant — Recovery by remaindermen for oil taken — Measure of damages — Statute of limitar tions.</p> <p>1. Where the life tenant of oil lands, not previously explored, leases the oil on a royalty basis, remaindermen who bring suit for an accounting for oil taken by the lessees and for an injunction are entitled to recover not the entire value of the oil taken, but sums equal to the royalties provided by the lease, there being no evidence that the lease was unfair and there being evidence that the royalties were the same as those paid by the lessees of other oil lands in the same neighborhood. Interest will be computed only from the time demand was made upon defendants for the value of the oil taken out.</p> <p>2. Where in such case it appears that the bill was filed more than six years after all the remaindermen became of age, the statute of limitations will bar recovery for oil taken more than six years before the suit was brought.</p>