181 Ky. 764 | Ky. Ct. App. | 1918
Rehearing
Response to Petition for Rehearing by
In a petition filed by counsel for the Oil Men’s Association of Kentucky we are asked to so modify the opinion as to exempt from its effect oil and gas leases, and this upon the ground that the case we had only involved a lease of coal lands and there is such a substantial difference in the nature and quality of coal and other minerals, and oil and gas, as to warrant a different method of determining the validity of a lease of the one class from the other.
In view of the importance of the question presented and the fact that the oil and gas interests of the state were not represented on .the hearing of the case we have decided to withdraw so much of the opinion as holds that the act is invalid in so far as it authorized the leasing for an unlimited term of the oil and gas rights and privileges of infants and persons of unsound mind in order that this special feature of the act may be considered and determined in a case in which there is directly involved the question of the right to lease for an unlimited term the oil and gas rights and privileges of infants and persons under disability.
In all other respects the opinion is adhered to and the several petitions filed for a rehearing are overruled.
Dissenting Opinion
I agree to the modification of the opinion made by the court,-but I dissent from the majority in overruling the petition for a rehearing, for I am convinced it should be sustained, the former opinion withdrawn and the judgment affirmed, but since no discussion of the questions argued is made by the court I will not do so in this dissent.