White v. Green

Citations

• 103 Kan. 405
• 173 P. 974
• 1918 Kan. LEXIS 279

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Oral Oil and Gas Lease — Incorporeal Hereditament — Within Statute of Frauds. An oil and gas lease granted to the lessee, his heirs and assigns, the right to explore for oil and gas for a period of five years and as long thereafter as oil and gas were produced, with the right to the possession of so much of the surface as was needed for the laying of pipe lines, the erection of tanks, buildings, and other structures for the production, care, and .transportation of the product, the lessor to receive one-eighth of the oil obtained and a certain amount for the gas taken from the premises, and it was provided that if a well was not drilled as specified the lessee was to pay $30 for each ninety-day period of delay. Other stipulations gave the lessee the right to remove machinery, and provided for a surrender of the lease on certain conditions. Held, that the agreement purports to transfer an incorporeal hereditament, and, being oral, was within the statute of frauds and, therefore, invalid.</p>