McIntosh v. Ropp

Citations

• 222 Pa. 606
• 72 A. 230
• 1909 Pa. LEXIS 916

Syllabus

<p>Estoppel — Oil lease — Tenant by the curtesy — Joint action.</p> <p>Where a tenant by the curtesy executes an oil lease without the remainder-men, a son and two daughters, joining in the lease, and subsequently the three remainder-men bring a joint action of trespass against the lessee to recover damages for the taking of oil, and there is sufficient evidence to constitute an estoppel against the son, although no evidence of estoppel against the daughters, a joint recovery is defeated, and a verdict and judgment for the defendant will be sustained.</p> <p>In such a case there is sufficient evidence to constitute an estoppel against the son, where it appears that he had urged the taking of the lease in the first instance from his father, had encouraged the expenditure of money by the lessees in developing the lease, had worked on the lease at different times for several years, and had received checks made payable to his own order for a number of years for the royalty due under the lease for oil run into the pipe line in the name of his father.</p>