147 S.E. 31 | W. Va. | 1929
The plaintiff, J. M. Life, appeals from a decree of the circuit court dismissing his bill on demurrer of defendant, Rugged State Development Company, for want of jurisdiction.
The bill alleges that the plaintiff owns one-fifth and the defendant, Rugged State Development Company, owns four-fifths of certain oil and gas leases covering lands in Putnam county, which are now being developed for gas by the defendant, United Fuel Gas Company, under a lease from the Rugged State Development Company; and prays an accounting for the gas produced.
Counsel for the Rugged State Development Company say that because the right of the plaintiff to an accounting depends upon his ownership in the leases, the suit should have been brought in Putnam county where the lands lie. Section 1, Chapter 123, Code, and Wayland Oil Gas Company v. Rummel,
The ruling of the circuit court is therefore reversed and the cause remanded.
Reversed and remanded. *36