Prairie Oil & Gas Co. v. Allen
United States Court of Appeals for the Eighth Circuit
2 F.2d 566 (8th Cir. 1924)
Relevant factsFree
After Good Land Company conveyed land to Trout while reserving a 9/10 mineral interest, and Trout conveyed the surface to Allen (plaintiff), Good Land leased its mineral rights (eventually assigned to Skelly Oil), which drilled a well and sold the extracted oil to Prairie Oil & Gas (defendant). Allen, who never consented to the lease, demanded 1/10 of all oil proceeds from Prairie, which refused, arguing the lease was invalid as to her without her consent; the trial court ruled for Prairie, and Allen appealed.
IssueFree
Whether a tenant in common has the right to develop and operate co-owned property for oil and gas without the consent of the cotenant.