Shellar v. Shivers

Supreme Court of Pennsylvania
Shellar v. Shivers, 171 Pa. 569 (Pa. 1895)
33 A. 95; 1895 Pa. LEXIS 1343
Curt, Dean, Fell, Green, McCollum, Mitchell, Sterbett, Williams

Shellar v. Shivers

Opinion of the Court

Per Curt am,

This judgment was entered on the case stated for the opinion of the court, in the nature of a special verdict. The question involved was, whether under the terms of the lease the lessees had the right to remove the material, machinery and fixtures, placed by them upon the property for the purpose of drilling the oil well and remaining there after the expiration of the lease.

In a clear, concise and satisfactory opinion the learned judge rightly held that they had not, and he accordingly entered judgment in favor of the plaintiffs as provided for in the case stated. The correctness of this conclusion is so fully vindicated in the opinion that, without further discussion of the subject, we affirm the judgment on said opinion.

Judgment affirmed.

Reference

Full Case Name
Jennie D. Shellar, Widow, and R. J. McCleery, Guardian of Elmer E., Albert G., Ida F., Mary C. and Margaret A. Shellar, Minors v. James Shivers and Insell Brenell
Cited By
29 cases
Status
Published
Syllabus
Fixtures—Oil lease—Removal of fixtures. The easing in an oil or gas well, the derrick and other appliances used in drilling and operating the well are trade fixtures, and may be removed by the owner or lessee during the term of the lease ; but they become the property of the landowner if not removed by the lessee during the term, or at least within a reasonable time after its expiration.