SHEARER v. ALLEGHENY LAND AND MINERAL COMPANY

No. 12686.

165 S.E.2d 369 (1968)

Margaret A. SHEARER v. ALLEGHENY LAND AND MINERAL COMPANY.

Supreme Court of Appeals of West Virginia.

Decided December 20, 1968.

Dissenting Opinion January 23, 1969.

Rehearing Denied February 7, 1969.


Attorney(s) appearing for the Case

B. J. Pettigrew, Jr., J. Edward Litz, Charleston, for appellant.

Daniel L. Louchery, Clarksburg, Linn Mapel Brannon, Weston, for appellee.


CALHOUN, Judge:

This case, on appeal from a final judgment of the Circuit Court of Lewis County, involves a civil action in which Margaret A. Shearer, the appellant, seeks to recover from Allegheny Land and Mineral Company, the appellee, which hereafter may be referred to in this opinion merely as Allegheny, the one-eighth gas royalties which she alleges are due under an oil and gas lease entered into by the parties on March 6, 1959.

Margaret A. Shearer, hereafter...

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