The Law of Oil and Gas: A Treatise Upon the Law of Oil and Gas, Together with the Federal Leasing Act, and the Rules and Regulations of the Secretary of the Interior, Governing the Leasing of Public Lands, and of Restricted Indian and Tribal Lands, and Forms of Leases and Other Instruments in Common Use in Connection with the Exploration For, and Production Of, Oil and Gas

Lawrence Mills, James Cook Willingham

Callaghan, 1926 - Forms (Law) - 791 pages

Contents

• FUNDAMENTAL CONCEPTIONS OF PROPERTY: 1
• No: 7
• PAGE: 11
• CHAPTER III: 35
• CHAPTER IV: 41
• Type BGrant of the Oil and Gas Conveys a Corporeal Right: 49
• Rule in Texas: 53
• Interest in Real Estate Under Statute of Frauds: 54
• Homestead: 55
• Separate Property of Married Women: 56
• Venue: 57
• CHAPTER V: 58
• As Long Thereafter as Oil or Gas Is Produced: 59
• Lease by Guardian: 61
• Lease Extending Beyond Minority of Ward: 62
• Dower: 63
• CHAPTER VI: 64
• in Corporeal Jurisdiction 66: 66
• Time of Vesting Under a Grant and Convey All the Oil and Gas Form in Corporeal Jurisdiction: 68
• Time of Vesting Under a Grant the Exclusive Right Form in All Jurisdictions: 69
• Unless LeaseView That It Is an Option: 77
• Unless Lease View That It Is Not an Option: 82
• Time of Vesting Under the Thereafter Clause: 84
• Oklahoma Law as to Time of Vesting: 85
• Texas Law as to Time of Vesting: 87
• Ejectment: 89
• 57 Bill to Prevent Waste: 91
• Forcible Entry and Detainer: 93
• CHAPTER VII: 94
• Consideration Distinguished from Purpose: 96
• A Lease Not Supported by a Consideration: 97
• Payment of Rentals as a Consideration: 98
• The Effect of the Surrender Clause: 100
• Want of Mutuality: 102
• Tenancy at Will or from Year to Year: 105
• The Down Payment: 107
• Effect of Recital of Consideration in the Instrument: 110
• Covenants to Drill on Other Lands as a Consideration: 112
• CHAPTER VIII: 114
• The Fixed Term: 115
• Extension of Term by Discovery: 117
• Production Sufficient to Extend Fixed Term: 119
• 75 As Long Thereafter as Oil or Gas Is Produced: 120
• Oil or Gas in Paying Quantities: 122
• Lessees Decision as to Paying Quantities: 123
• CHAPTER IX: 125
• Forfeiture: 126
• Time of TerminationOr Form: 129
• Time of TerminationUnless Form: 131
• Waiver of Forfeiture: 132
• Relief from Forfeiture: 133
• Commencing Operations: 135
• CHAPTER X: 136
• Right to Defer Drilling by Payment of Rental: 137
• Rule in Indiana and Kentucky: 138
• When Delay Rentals Begin: 141
• Rentals How Payable: 142
• Payment to Bank as Depository: 143
• What Constitutes Payment to Bank for Lessor: 144
• RentalsTo Whom Payable: 145
• Proportionate Payment of Rental: 146
• Lessees Liability for Rentals Or Form: 147
• Lessee Not Liable Under Unless Lease: 148
• Surrender Clause Must Be Strictly Complied With: 149
• CHAPTER XI: 150
• Where Covenant Is Express None Is Implied: 151
• Covenant to Commence Well Within Reasonable Time: 152
• Express Covenant for Drilling Initial Well: 153
• Covenant for Reasonable Development: 154
• Measure of Diligence in Development: 155
• Implied Covenant for Operation: 157
• Measure of Lessces Duty to Prevent Drainage: 159
• CHAPTER XII: 161
• Principles Upon Which Lease Is Cancelled: 162
• Burden of Proof: 163
• Abandonment: 165
• Equitable Power of Cancellation: 167
• No Abandonment on Account of Drainage: 168
• Damages: 169
• Measure of Damages: 170
• Proof of Damages: 171
• Burden of Proof: 172
• CHAPTER XIII: 173
• Rents at Common Law: 181
• Provisions of Lease for Royalty: 182
• Percentage of Net Profits as Royalty: 184
• Covenant to Deliver to the Pipe Line: 185
• Covenant to Deliver to Pipe LineDuty to Market: 188
• Free Operating Gas and Oil for Lessee: 190
• Gas Well Rentals: 192
• Casinghead Gasoline: 194
• Determination of Amounts: 197
• Division Orders: 199
• To Whom Payable: 200
• CHAPTER XIV: 202
• Description of Interest Transferred: 204
• Effect of Transfer: 205
• Subsequent Lease by Lessor: 208
• Form of Assignment: 209
• Effect of Assignment: 211
• Assignees Liability: 212
• Liability of Assignee of Part: 214
• Liability of SubLessee: 215
• PART IIIGENERAL CONSIDERATIONS 149 Contracts for Leases or Assignments: 216
• Covenants of Title and Warranty: 218
• Marketable Title: 223
• Covenants Running with the Land: 227
• CHAPTER XV: 235
• Purchaser from the Lessor: 239
• Assignee of Royalty: 240
• 157 Assignee: 243
• Rule of Better Equities: 246
• 160 Laches: 248
• CHAPTER XVI: 250
• Use by Lessor for Agricultural Purposes: 252
• Removal of Equipment: 253
• At Any Time: 254
• Reservation of Tract from Drilling Operations: 255
• CHAPTER XVII: 256
• Life Tenant May Work Open Mine or Well: 257
• 171 Rule Where Land Was Under Mineral Lease: 259
• 172 Joint Lease by Life Tenant and Remainderman: 260
• 174 Remedies of Remainderman: 262
• CHAPTER XVIII: 263
• Acquiring Adverse Title: 265
• 182 Mining Partnerships: 273
• 189: 280
• Limiting Liability of Stockholders: 286
• 207: 300
• DamagesDrillers Suit: 307
• DamageOwners Suit in Tort: 313
• CHAPTER XXI: 315
• LessorLessee Contracts: 316
• Block or Community Contracts: 318
• Contracts of Assignee to Drill Assigned LeasesAssignor Retaining No Direct Interest: 319
• Undivided Interest Contracts: 321
• 227 SameRelation Between the Parties: 322
• Contracts Between Adjoining Owners: 324
• 230 Performance: 325
• Remedies General Considerations: 326
• Principles for Determination of Damages: 327
• Measure of Direct DamagesLessor vs Lessee: 329
• Measure of Direct DamagesWhere Plaintiff Has an Undivided Interest: 330
• Measure of Direct DamageWhere Plaintiff Has No Beneficial Interest: 331
• Measure of Direct DamageWhere Plaintiffs Interest Is a Con tingent Bonus: 333
• 237 Direct DamagesChoice of Two Measures: 334
• Consequential or Special Damages: 335
• Recovery in Quasi Contract Against Driller: 336
• Liquidated Damages and Penalties: 337
• Cancellation and Forfeiture: 338
• Specific Performance: 339
• Drillers Defenses: 341
• CHAPTER XXII: 343
• Persons Entitled to a Lien: 344
• Subcontractors: 345
• To What Property the Lien Attaches: 346
• Personal Liability: 348
• Notice of Lien: 349
• Enforcement: 350
• CHAPTER XXIII: 351
• Form of the Mortgage: 352
• Registration: 353
• Foreclosure and Sale: 354
• Mortgagees Liability on the Covenants of the Lease and for Debts: 355
• CHAPTER XXIV: 357
• Control of WellsCapping: 358
• Manufacture of Carbon Black: 359
• Drilling: 360
• Pumping Wells: 361
• Shooting: 362
• Pressure in Mains and Pipe Lines: 363
• CHAPTER XXV: 364
• Common Purchasers: 366
• Acquisition of Right of WayUse of Public Highways: 368
• Acquisition of Right of WayAlong or Across a Railroad: 370
• Acquisition of Right of WayPrescription: 371
• Acquisition of Right of WayIndian Lands: 372
• Liability of the Pipe Line as a Carrier or Warehouseman for Oil De livered to It by One Other Than the True Owner: 376
• Contracts for Future Production: 377
• CHAPTER XXVI: 378
• Property Subject to Ad Valorem TaxesEstates and Interests: 379
• Property Subject to Ad Valorem TaxesEquipment: 385
• Taxation of Corporations: 386
• Production Taxes: 387
• APPENDIX: 395
• March 3 1923: 457
• APPENDIX: 473
• Regulations Governing Leasing of Lands of Five Civilized Tribes: 550
• Regulations Governing Leasing of Lands in Osage Reservation: 565
• Regulations Governing Utilization of Casinghead Gas from Oil Wells: 596
• Form No 38 Mortgage on Leasehold and Equipment 695: 601
• Form No 2 Producers 88 Special: 604
• Form No 5 Prairie 461: 611
• Form No 8 Magnolia 3: 617
• Form No 9 Lease with Waiver of Dower Old Arkansas Form: 623
• Form No 12 New Departmental Form for Allotted Lands Five Civilized: 632
• Form No 13 State Form Oklahoma School Land Department: 639
• Form No 15 Short Form without Warranty: 645
• Form No 20 Mineral Deed: 651
• Form No 4: 655
• Form No 23 Drilling ContractBetween Lessor and Lessee: 658
• Form No 27 Contract for Gas for Field OperationsMagnolia Form: 664
• Form No 31 Transfer Order: 671
• Form No 33 Contract Between Lessor and LesseeNonDepartmental: 677
• Form No 36 Manufacturing ContractPer Cent of Gross Output: 686
• Form No 39 Contract for Sale of Lease Near Drilling Well: 698
• Form No 42 Right of Way Grant: 705

Bibliographic information

• Title: The Law of Oil and Gas: A Treatise Upon the Law of Oil and Gas, Together with the Federal Leasing Act, and the Rules and Regulations of the Secretary of the Interior, Governing the Leasing of Public Lands, and of Restricted Indian and Tribal Lands, and Forms of Leases and Other Instruments in ...
• Authors: Lawrence Mills, James Cook Willingham
• Publisher: Callaghan, 1926
• Length: 791 pages