Innocent Purchaser of Oil And Gas Lease a Discussion of the Estate Created By a

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Innocent Purchaser of Oil And Gas Lease a Discussion of the Estate Created By a
Robert E Robert Etter Hardwicke
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Would anyone argue that the wife could enjoin the husband from drilling on the home- stead any more than she could enjoin him from purchasing a threshing machine, or from hiring men to harvest a wheat crop? The husband, there- fore, has the right to drill. What he can do him- self, he may do by agents. He can contract with some driller and agree to pay for the services by delivering to the driller a part of the oil, just as he has the right to pay the owner of a rented threshing machine by deli...vering part of the wheat. If the oil lease is not a conveyance of an estate, but is simply a drilling contract, then the husband alone can make the contract, and the question of inter- ference with the use of the homestead cannot arise.
Again, many leases contain a provision that no well shall be drilled closer than two hundred feet of any building on the land. This provision pro- tects the home proper, and constitutes an acknowl- edgement on the part of the husband and wife that their use of the home or homestead will not be unreasonably interfered with if operations are conducted outside the limited area.


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