Fowler v. Delaplain

Citations

• 79 Ohio St. (N.S.) 279

Syllabus

<p>Question to witness for opinion — Incompetent—Oral permission to occupy land — Is a license and revocable, when — Although valuable improvements are made by licensee — Terminated by death— Oil lease — Does not permit right of land cttltivation, when.</p> <p>1. A question to a witness which calls for his opinion on the precise issue of fact which the jury is sworn to determine from the evidence, is incompetent.</p> <p>2. Where a landowner orally gives permission to another to occupy and use certain land, but does not grant or attempt to grant any interest in the land, and the landowner ass.umes no obligation on his part with regard to such occupation or use, the possession and use of the land are under a bare license, which is revocable at the pleasure of the licensor; and this will be so, although the licensor has silently acquiesced in the making of valuable improvements and the erection of structures on the land by the licensee.</p> <p>3. Such a license is terminated by the death of either of the parties.</p> <p>4. An oil lease which grants to the lessee the exclusive right to mine for and produce petroleum and natural gas from a certain tract of land' and the possession of so much of said land as may be necessary therefor, does not give to the lesgee the right to occupy and use any portion of the land for purposes of cultivation or for residences and conveniences for employes, but confines the occupancy and use of the surface to so much as is strictly necessary for mining and producing purposes.</p>