Marshall v. Mellon

Citations

• 179 Pa. 371
• 36 A. 201
• 1897 Pa. LEXIS 647

Syllabus

<p>Mines and mining — Oil and gas — Minerals.</p> <p>Petroleum oil and natural gas are minerals.</p> <p>Life estate — Remainders—Oil and gas lease — Mines and mining.</p> <p>Where no oil or gas operations have been' commenced on land before an estate for life has accrued, the tenant for life has no. right to. operate for oil or gas himself, and cannot give such a right to any person by lease.</p> <p>A life tenant of oil and gas lands which had never been operated for oil or gas executed a lease for oil and gas purposes exclusively. .The lessees did not operate the land, or perform any of the covenants of the 'lease, and refused to pay the rent stipulated. Held, that the lessor could not enforce the lease. '.)••■</p>