Law v. Heck Oil Co.
Supreme Court of West Virginia
145 S.E. 601 (W. Va. 1928)
Law (plaintiff) owned a 1/768 mineral interest in a tract where Heck Oil Co. (Heck) (defendant) owned the remaining 767/768 interest; when negotiations for Heck to lease Law's small portion broke down over what Heck considered an unreasonable fee, Heck began drilling without Law's consent, assuring him he would receive his proportionate share of oil produced. Law sued to enjoin the drilling, and the trial court granted a permanent injunction barring Heck from drilling without Law's consent, prompting Heck's appeal.
Whether an unqualified owner of an oil and gas interest is entitled to have it remain in such condition as he sees fit, subject to the partition and sale rights of any cotenants and the requirement to protect against drainage.