Rawlings v. Armel

Citations

• 70 Kan. 778
• 79 P. 683
• 1905 Kan. LEXIS 49

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mines and Mining— Oil and Gas Lease Construed — Estate Con- - tingent. Under the provisions of the oil and gas lease involved in this suit the lessee had the right to enter upon the leased premises for the purpose of exploration, and to operate, if oil or gas should be discovered; but no estate would vest in the lessee unless such minerals should be found and produced.</p> <p>2. - Covenant to Pay Rent Construed. A covenant in the lease in question to pay rent, after a fixed date, for each piece of land in which wells had not been drilled and operated was not depenr, ;nt upon another provision relating to the time in which drilling should begin; and such covenant was not affected by extensions of the time in which drilling might be commenced.1</p> <p>3. -Right May be Lost by Abandonment. The preliminary right of exploration for gas and oil under the lease in question was of such character that it might be lost by abandonment, without the lapse of time prescribed by the statute of limitations.</p> <p>4. -Abandonment a Question of Fact. The question of whether a lessee under an oil and gas lease of the character of the one involved in this suit has abandoned the enterprise is one of fact, depending upon intention and conduct.</p> <p>5. -Evidence of Abandonment Sufficient. Evidence that the lessee under the lease in question commenced drilling only after several extensions of time had been granted, ceased work after sinking two dry wells, removed the casing from such wells and plugged them, removed its material, machinery, and tools, went away from the land and neglected to pay rent then due, is sufficient to support a finding of abandonment.</p> <p>6. -Subsequent Tender Will Not Restore Rights. Whenever an abandonment of land leased for oil and gas purposes in fact occurs the lease is subject to cancelation, and a subsequent tender of overdue rent will not restore the lessee’s rights, against the will of the lessor.</p> <p>7. -Forfei