56 W. Va. 540 | W. Va. | 1904
John Moore was the owner of a tract of three hundred and twelve acres of land in Clay District, Monongalia county. On the 16th day of December, 1892 he made an oil and gas lease thereon to D. J. Sterling, which was in the usual form of such leases, to run ten years and as much longer as oil and gas-should be found in paying quantities. On the 29th day of August, 1893, the said Sterling assigned said lease to the Char-tiers Oil Company. On the- day of -, 1895, John Moore departed this life, having first made a will devising said land to his children, to Daniel V. Moore and Abraham Moore, two specific parcels thereof. On August 25, 1900, a suit was brought in the circuit court of Monongalia county by a part of the devisees of John Moore against the other part of such dev-isees, for partition of the said three hundred and twelve acres; that the same was partitioned among them, lot Eo. 1 being assigned to the heirs of Linsey C. Moore; lot Eo. 2, to Amanda Core; lot Eo. 3, to John I. Moore’s heirs; lot Eo. 4, to Sarah Moore; and lot Eo. 5 to Prudence Shriver’s heirs, all of which lots and parcels were described by plat and report of the com
Reversed.