Patterson v. United Natural Gas Co.

Citations

• 263 Pa. 21
• 105 A. 828
• 1919 Pa. LEXIS 369

Syllabus

<p>Equity — Jurisdiction—Adequate remedy at law — Forfeiture of oil and gas lease — Landlord cmd tenant.</p> <p>1. A bill in equity is properly dismissed, where it appears that plaintiffs by virtue of certain oil and gas leases stood towards the defendant in the relation of a landlord, and by virtue of a later deed to a predecessor in title of the defendant in the relation of a tenant in common with him of an undivided one-half interest in the leased premises, and that the only purpose of the suit was to obtain a decree cancellingrthe leases on the ground of forfeiture for violating covenants therein. The remedy of the plaintifE is by a common law action of ejectment.</p> <p>2. In such a case the relation of the parties to each other as tenants in common, is wholly irrelevant matter, without bearing, even remote, on the issue.</p> <p>3. Where a lessee acquires, after the date of the lease, an undivided one-half interest in the leased premises, the lease does not, by mere operation of law, merge in the fee subsequently obtained. '</p>