O'Donnell v. Producers & Refiners Oil Co.

Citations

• 68 Pa. Super. 478
• 1917 Pa. Super. LEXIS 152

Syllabus

<p>Appeals — Final judgment — Judgment on demurrer — Time within which appeal is to be taken.</p> <p>Where in an action of trespass in the nature of trover and conversion for the taking of oil, a demurrer is filed to the declaration, .an order sustaining the demurrer and directing that judgment “be entered for the defendant with costs,” is not a final judgment; and if a year later the prothonotary enters judgment in favor of the defendant for costs as directed in the order of court, and an appeal, follows promptly the entry of such judgment, the appeal will not be quashed because it was taken more than six months after the entry of the original order.</p> <p>Lease — Oil lease — Will—Trespass—Bight of action.</p> <p>Where a testator after having devised real estate to a daughter and son, names another son his executor, and directs that if his property should become oil property his executor should have “the right to lease, and to have one-third of the proceeds for his trouble, the other two-thirds to fall” to the daughter and the other son, and the executor executes a lease reserving as rental “one-eighth part of all of the petroleum obtained” from the leased ipremises, and the executor subsequently dies, his administratrix may maintain an action of trespass in the nature of trover and conversion against the lessee for one-third of the rental, and it is reversible error for the court below to sustain a demurrer to the plaintiff's declaration in such a case. There is no insurmountable difficulty in the fact that the action was in trespass in the nature of trover, rather than an action of assumpsit.</p>