Hobaugh v. Philadelphia Co.

Citations

• 67 Pa. Super. 407
• 1917 Pa. Super. LEXIS 416

Syllabus

<p>Deed — Reservation or exception — Grant of oil — Supply of oil for domestic use — Oil lease.</p> <p>Where an agreement in writing grants all of the oil under the grantor’s land to a corporation, its successors and assigns, reserving however, to the grantor his heirs and assigns, an undivided one-eighth of the oil, with the further right in the grantee to operate pipe lines to carry the oil produced on the land or upon any other land, and the agreement further provides that so long as oil is produced from the land, or from other lands, and carried in such pipe lines, the grantor “may have therefrom gas sufficient for fuel” for two dwelling houses, the provision for such supply of gas for fuel is a privilege personal to the grantor in the absence of words of inheritance, and dies with him.</p> <p>In such a case the stipulation for the supply of gas is not an exception, but is a personal covenant, or at most a reservation.</p>