xt70zp3vt865_273 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Moore, Kendall and Jay L. v. Pennegrade Oil and Gas Company and Louisville Gas and Electric Company [Part I] text Moore, Kendall and Jay L. v. Pennegrade Oil and Gas Company and Louisville Gas and Electric Company [Part I] 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_25/Folder_5/6145.pdf 1920-1927 1927 1920-1927 section false xt70zp3vt865_273 xt70zp3vt865 ,. \.. ' _
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Ernst-Ext};All) OIL?" (:"I L}— 5 C O} ILL-1.15:! Sgt} . , 35,171.S.;':}i\ _s').:'-‘:.i"i"l;i . ‘
The defendants, Fennagrade oil a Gas Company and
Louisville was & Electric Company, say that they are not ready %
. for the triel or tins case at this term of the Court, and ror i
4 cause assigns that heretofore and at the time required by law, 2
the defendant, Fennagrade Gil S Cue Comgany, filed its petition
and bond for removal or this cause to the District Court or the
United States tor the Sestern District or fientuczy, and thereupon
and in due time riled transfer or the record in saio proceeding
in said District Court oi the United States for the Eastern
District of Kentucky. That thereafter, motion to remand said
cause was entered for and on behalf oi the plaintiff, and said
proceeding'was pending beiore said District Court for the Eastern
District of Kentucky until a reasonably short time ago, at which
time the Judge of the said District Court or the United States
i entered an order resending said cause to the Floyd Circuit Court
or the State of Kentucky. That the defendants, or their counsel,
have only learned or the entry or said order remanding said
cause‘vithin the yast week, and within a—rew-cayy utter aev1ce or .
the entry or said order they filed motion in the Pnited Btatcs
District Court for the Eastern District oi Kentucky for the Court
HARKINS & IIARKINS
ATTORNEYS AND COUNSELLORS ‘
PRESTONBBURG. KY. . .

 fir: .
to reconsider said order rananding said cause and to vacate the
3%me. The deiendonte further say'thgt heretofore, nnc on
(V’l, " ’ ll? .
%%é%:§;éy, octobcr afith, 1924, at motion hour on coin any, the
plaintifi caused a copy oi sale order remnnfling said cause to be E
E
entered upon the Order looks of the Floyd Circuit Court.
The defendants further say that the oldest son of
Joseph J. Earnins, their attorney herein, has been sic: with E
typhoid fever since the first day of September, 1934; during
which time from September 6th to Uctober ?nc, solo child was at
the Guthrie »ospital in huntington, Test Virginia, and in such a
serious one dangerous condition that the defendants' said attorney
_was of necessity compelled to be in finntington, West Virginia,
and constantly at his bedside, and with said child to the
day that he was able to leave the hospital hereinbefore set out, E
and neienuants' solo attorney was only hole to return to
lreetoneburg on ounday night, October 5th, 1924, and did not
learn until a few days thereafter of the entry of said order
romancing the above—entitled Cause to the Eloyd Circuit court.
The defendants further say that in the few days
inteIVening since the entry of said order remanding said cause,
their said attorney has been devoting all or his time to the
preparation of pleadings necessary to be prepared in cases pend-
ing in this Court, and in the trial of cases pending in this
Court, and preparation for trial of other cases hereaiter to be
called, and that in such period of three days he has been unable
E to fully marshal all of the testimony necessary to be introduced
by the defendants to establish and maintain their defense herein.
The defendants say that by analogy the remanding of
a caoe from the District Court of the United States to the
State Circuit Court stands upon the same footing an does the
HARKINS & HARKINS
ATTORNEYS AND OOUNSELLORS
PRESTONSBURG. KY. -

 , reversal oi a case by the Kentucxy Court oi Apyeele, and when a
cage in reversed by the Kentucky Court of Agreele, eeip action
by the provisions oi Sectionyel oi the Civil Code etuuue ior
trial at the next succeeding term, provided the mandate oi the 1
said Court of igpeels has been iiled in the Clerk’s ofiice oi
the lower court and notice thereof given to the edVeree Lerty i
for more than ten fieye next before the commencement of such Lena, !
and that no notice has been or was given to the fieiendante; or
eituer oi them, or their counsel, for ten deye, or any otner
geriod oi time beiore tne commencement 01 the present tenn oi tne
Court.
I The deiondente further say that the questions oi law
involved in thie proceeding are new and novel, and that the
amount Sought to be recovered and claimed 35 damages in thie
case is so large that in Justice the defendants ought not to be ;
compeiled to try eeio cause without opgortunity to iully marshal
its evidence and the authoxitiee bearing uyon the questions
involved herein, and that it cannot do so Vithin the time when
this cause would be reached for trial on the ordinciy calling .
of the docket or the Floyd Circuit Court, where it now stance on 1
the docket. .
_ The deiendente further Bey tint O.'¥. Van Patton is
one or ite princigal witneseee in the ebove-entitlefi cause, one
, wee munaging agent and Eield Superintendent for the Eennagraue
Uli u can Comfuny at the time oi the hapgeninge set forth ano
. reierreu to anc coupleineo of in the yetition herein; that tne
said 0. 7. Van Eatton accepted service or subpoena to eggeer as
o.vitneee in this case for the day on which it woe docketed,
out that said cause not being reached on the day the same tee
docxeted, the said O. 4. Van Fatton has leit Treetoneburg, as
the deiendente are inionned, to: the Furpoee oi Keeping an important
HARKINS & IIARKINS
ATTORNEYS AND COUNSELLORS ,
PRESTONSBURG. KY.

 2"”? SR.
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from. 1‘1 ogre. 13011.3'1t3r ; giantucky , and t1]. en T.- -16; mm; 1331161117. 2;. 0:1‘ ‘11:;16:
for ageing ai‘i‘ioavi‘c ue true as .1113 bell evens1 . ;
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1‘10 11:.-.4 ,y 4ubilc , 11‘ng1’. County ,.. hf . .
HARRINS & HARKINS 3
ATTORNEYS AND OOUNSELLORS
PRESTONSBURG. KY.
.
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. ‘l‘hc ai‘I‘iant, in. (i. Davidson, says that ole is employed by
an»: 1-,,~~.'i,-' -,.. -I—1~/ -L~»“' »u '1“ ; “7., 1 “av/.13 ,p ‘JJ- ways—A 1‘ -, t
suc. ”u‘dJ. (1.319: 1“ on»: miles O.L UODGEL; ,). ;_:;g..l\_lll.., ;;Evl,,()l;;uj .LOL TUL-
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LllLiEg, (Jctooer .LOLh, lead, one profiling lo. o1»: said oosopn,
FTDIWZilIEC o. moti on to be entered in the District Court of the United
J
Lain-ates for “the Ié-jastezarn Distrim; oi" :iel’lliuc‘f'iy , .»ovin; the Judge oi“
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3310. 1.301114%. b3 Leo dblut the Oldei .LCflldJNslui; 14111.": CCLLLFJC to Cue
Floyd Circuit Court, :.110. that afi'iant personally mailed said 'z_,\:)ti:31:
to the Cl eil‘: of tits, ".'n:3,';s;.:<"“ Ltates Di strict {Emirt to: the Einstein
District 01‘ Zicntucmy, on lyriéiay', October 10th., .1924. 41 0033* A
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01‘ said lrlOICiOl’l is ort't-oclfid to and mace '0 part liereozz‘.
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Sworn to b more me by I}. G. Davidson, 1:.-his Oct ober l:-
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HARRINS & IIARKINS
_ ATTORNEYS AND COUNSELLORS
PRESTONSBURG. [{Y. §
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HARKINS 3E HARIHN S ‘ 4
ATTORNEYS AND COUNSEILORS AT LAW
PRE ST ONSB URG , KY.

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' .K. 1001-1}: % P31:!.}'{§(}1[1'¥(} R'J-‘LGUE‘CD. '3: ,,
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measurement, filled up fifty feet with cememt to 834i; this i
I cement allowed to settle 15 heave. Han steel line at 834. Ran . 1
male & Female plug 831-854. ifter the getting of the plug an #
effort was made to pull the 6 5/8 ceeifig which was unsucceesful.
Whe six and five-eighths casing Wes left in the well. L cap was A
screwed over the top of the ten inch casing to protect the eight A
inch hole and to prevent the escape of salt water and the excape 1
of shallow gas. 1 I _ E
. Plugging done under Girect supervielon of Km. 3P6. g
' ~' Cased. 6 5/8, (vow-10“ length of Casing.
' 1 inchor weaker.
1 bottom Role racker,
Cased c 5/8 501.
Top of taxon 600'. V
The casing with casing enceer gacker fiid not shut the l
water off; the casing was pulled an& atralght string of easing used j
with load shoe. This failed to shut eff. Ehe casing was pulled 3
again and the hole reamed to 813 and easing run with steel shoe. ;
4here was a load of blue clay packed aroené the bottom of the cae~ ‘
‘ ing and easing run into this. The water was Shut 0?f.
Eote: in February, 1921, the well seowed that there was ,
water on it and there was not enough gas to blow the water out through 1'
the two inch tubing, the packer Wee tight 835 the water vae not leak"
ing t rough the packer. he triefl to yull the tibing and Harrisioa _
Borfiers'érippefi the tubing twenty feet aceieentelly; after fishing '1
for the tubing most of it was gotten out, leaving the packer and ‘1
112' of tubing in the Well. The well was then plugged as shown under K
plugging record. fie then tried pulling the casing (6 5/8) anfi cauld
. not pull it with two seventy ton Hydraulic Jacks, on account of the 1‘
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l ' FLUYD CIRCUIT COURT
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3 KENDALL MOORE, ETC., ' PLAINTIFFS, '
» VS. AFFIDAVIT. j
FERNAGRADE OIL 34 GAS 00., ETC., 1 DEFENDAN‘I’S. '1
' The affiant, A. J. May states that he recalls meeting Joseph D. 1
Harkins and O. W. Van Patton at about the corner of Second and Court
» Streets in the City of Preatoneburg, on the date mentioned in Affi-
davits by said parties, but affiant says that at said time, he did
not state to said parties on to anyone else at that time, nor since, .
that he would be willing to continue the above styled case until the .
May-June Term, 1925, of the Floyd Circuit Court; however, "this affidnt ‘
does say that he stated to said parties that if he could obtain consent .
of his client, Kendall was, that so far as this affiant is concern- ?
ed, it would be agreeable to continue said case to the May~June Term,
1925. . %
Affiant further states that today, February 9, 1925, is a warm,
pleasant day, that the streets of Preatoneburg are not colorediwith i
snow, slush and water, but on the contrary, are built of solid con- g
crate and that Prestonsburg, in this respect, is generally known to g
have the best streets in the Big Sandy Valley. Affiant further states {
that for the past three or four days before thee time, February 9, the g
weather has been pleasant and is exceptionally fine weather for the :
time of year. Atfiant further says that the defendants herein, are :
represented by Honorabbe Joseph D. Rankine and the law firm of Combs }
a Combs, both of which, are able lawyers and in this affiant'a judgment, :
are well qualified to take care of defendant's interest. Affiant
further states that said local Counsel in his Judgment, are.well qual— f
_ .,.---,,..MMMUHA 9;”..Wmmnumiia.wma¢a»¢amwe

 , J

ified to take care of defendant's interest in this action, thanifiould g
be Judge Matt O'Doherty, for the reason that they have been acquainted n
with the case at its every term, and that they ahve filed all the 1
pleadings in this case. é
Affiant further states that he has not been able to secure the :
aonsent of his client, Kendall Moore, to continue said case, and that 3
his law partner, Edward L. Allen, as this affiant is informed, stated g
to Joseph D. Harkins, one of the attorneys for the defendant herein, ' 1?
about eight or ten days before this case was calla d for trial, ondfi“ I?
February 4, and that at said time, the said Joseph D. Harktns stated E
to the said Edward L. Allen, that the defendants would be ready for E
trial, and acting on this information, this‘affiant has proceeded to {E
prepare the case and get ready for trial.‘ 3
Affiant further says that about a week, or ten days before the :
commencement of the present term of Court, he was asked by Joseph D. %
Harkins, while in his car in front of the Modern Drug Shop in the E
City of Prestonsburg, on one evening, if Kendall Moore was going to %
insist one trial of his case at this term of the Court, and this af» 3
fiant eo informed the said Joseph De Harkins and told him that he had ;
‘ been unable to procure the consent of his client to a continuance. f
——n-———-—-*—~w-*‘—-«—————~—-——- 5

Subscribe and sworn to before me by A. Jo May, this February 9, “E
1925. f

 1W7 - , . v‘ . ' '"4‘ " V ~‘ ' r . “' ? 5 an

/
STATE OF KENTUCKY) ‘

( Set. 4

COUNTY OF FLOYD. ) . g}

The affiant, Kendall Moore, says that he is one of the plaintiffs ii

herein, and that he has not at any time agreed to a continuance of if

this case at this term of the Court, for the reason that he has gone. E

to large expense in the preparation of this case for trial, and in ii

procuring the attendance of witness, payment of hotel bills, and that j;

he has brought-one witness, who is an actual contractor and driller a;

in charge of the well in question, from the State of Oklahoma, and “f

,J has had him in Prestonsburg living at a hotel at his expense since the t

/‘ third of February, 1925, and in addition thereto, is_being required1zo ffi

pay his daily wages While here, which affiant is informed, is around :fi

- $12.00 per dgy. ‘ i;

V Subscribed and sworn to befiore me by Kendall Moore, this 9th day l:

i of February, 1925. _fi

 Z: ' BLOYD CIRCUIT seam. I_
1 Kmdall Moore. etc-:., Plaintiffl.
Ageinet // Affidavit. ;3
Z Fennegjmda Ail Gas Company, etc" Defendants. I Z.:
Z 7 The affiamt, Joseph D. Herkins. says that he has heretofore verified
affidavit fer centinuance heroin filed on February 2, 1925; that the statements
. therein set out as having been made by A. J. flay, cheif cauneel ferplaintiff
ZVZZ . herein. veluntering the suggestion he wauld be agreeable to continuing the Z
ease at this term of court, were also made in the presence of Judge Eia’c't O'Deh- ..
arty. cheif counsel for the defendants herein; that said statement Ia! volun- Z
teered by ‘the said A. J. May and m not qualified in the manner set out in
,_{V' . his affidavit herein filed, or at 9.11.
1‘ ' Affian‘b says that it is true the condition of the weather at this
ante is as herein not out. but defendant 3 and urine age that the preilhm VZ',
' at the weather department of the u. s. Govement was to the effect that today ;.
ueuld be going into him. Iith falling taper-attire. reachihg below freezing Z.‘
before midnight 91‘ this we. . , I
Z As to the statements attributed to affiant in conversation with Ken.
Edward L. Allen, “that any: that he was aflvised by the aid Allen that the
plaintiff had sent a check of 3 50.00 to a witness in the west who but _ZV.
agreed to be in attendance at this time; throat such time the said plaintiff I
had time and epportuaity to communicate with said witness and advise his -_
that the case would not be tried; that atrium: did state to the said Edwardtb :;.;
Allen that the defendms meld ondcaver to get ready for the trial of flat.
case, but did not state the defendant would be may under any circumetmm. '
2 That at new time tho affim m not know. and in fa:;£ was after and
conversatien with the me man that the material and “it fitness. Lucian 1,
: Becker. sustained the injury mentioned and referred to in the original af- .;
.1 iidevit herein um; . 1'3:
;TT -—--———--——--—-——~—-——-—-----
I ' Sworn ta before me by Joseph D. Hernia February 9. 1925. 1
A ‘_gglfln . »- 7': , 2;'; ififivr VV; -. "1;; :4 £2415; .- IV}? I . 1:1;4111». “:5:, 1 152:3}

 FLOYD CIRCUIT comm“ .
Kendall Moore, etc., Plaintiffs. ,
‘ Against //// Certified Copy of Transcript,
> in fifirsuance to Order of hemoval, ,
,u Pennagrade Gil & Gas Company, etc., Defendants.
5.;: i ‘
§fi Certified Transcript 1;
%3' A.J. May attorney J. D. Harkins and ,g
for Plainti rrs. Matt 0 'Doherty 91‘ "a;
gig Counsel for Deftl. .3
t .
‘ . . 35¢
”34;“: {'.; "€155,529 ‘ L ..« ”1 5: g , 5 1‘ , .”- -. ‘  2 .   ; , , . er . .‘ ‘ r, ' V .w; y ‘. '.';ng gl‘v2;:ffjtf,§;-_:jv " j" ”£fi"h1 :‘ij
.:;__» 1% ~33 :"1.-.~.'—.:‘9‘-:".~2;i:r 33.12147 -e »s'-'u»n.: #13:,- 315' g ' V ‘ ‘ ' , ‘ «”4? q ' " I: ~ ' ‘ .‘ ,‘ ~ ,g. gifi‘EIfiiii/;'éf ' , a $7251.45 zi'gl‘ifff"f'i}2.;liii r,-k,;,r,g,w%§é.r;;f%§fifw$3

 _' ‘ , FLOYD CIRCUIT COURT. .
- KENDALL MOORE AND
JAY L, MOORE, , PLAINTIFFS/ r
., AGAINST ,/’/// PETITION, . ]
romuomnr on. & GAS COMPANY, '
LOUISVILLE GAS & ELECTRIC CO, DEFENDANTQ. *-
', The Plaintiffo, Kondoll Moore and Jay L. Moore soy :j
. , that they are husband and wife that on the 18th day of vhé
August, 1980, they ontorod into a lease, contract, for ’ ::é
the production of oil and gas from a tract of land owned If
4 by them and located on Right Fork of Beaver Creek in ' ‘
. Floyd County, Kentucky, bounded on the North by lands or
of J. N, Allen; On the East by lands of W. R. Criop; i;
;‘ on the South by lands of Jonah Webb heirs and on the -:t
i hoot by lando of Jonah Webb and Troy Webb, containing 7%
1 approximately 85 aoreo. That the defendant, Pennagrade "g
f‘ 011 & Gas Company io, and at oil the times horoin stated d
If was, a corporation organized under and by virtue of the E
_' laws of the State of New Jersey and as ouch haa power xi?
' . and authority under its charter to sue and be sued, to iii
contract and be contracted with, to plead and be impleoded to
f, _ in its corporate name aforesaid. V - vii
That the defendant, Louisville Gas and Electric
to Company, is, and at all the times herein stated, was, a 7'9:
a; corporation organized under and by virtue of the laws of ‘gé
to the State of Kentucky, as as such has power and authority fig
3; ’ to one and be sued, contract and be contracted with, plead Y £3
3% ‘ ,. , t ., ,H _, ,,,“,ilrkég
§%®muulun.imulwawanm ewnanvw=xhImwmmfimuofigmho;nummflrofiwrnmxufiuomoh

 , -2-—
i V and be impleoaed in ito corporate name aforesaid. i
- Plaintiffs say that by the tormo of said leace, a 'i

copy of which is herewith filed and made part hereof, 5

.1 the fiofcndant, Pennagrade 011 & Gas Company, undertook, i:

2- yromiood and ogrooa to diligontly develop said land anfi I}
:' produce thorcfrom bofih oil and gas or either of found ‘2
1' therein or thereunder and to yay therefor the sum of ii
'. $350.00 per year; oucrhcrly in advance for cosh gas well 7:
i orilled thereon from which gag along was found in yaying 'i
2“ guonfiitioo. That during the continucnoe of acid lease ”5
i: and oubccqucnt to the exaoution thereof the defendant, i;
5 Ponnograoo 011 & Gas Company by some agreement between 3i
it 22.122". 1135 oo~defendant, Louioville Gag 32 Electric Gom—
'w yany, sold or aoaignod an interest thcrein to its co- 2%
fi defendant, Louisville Gao & Elcotrio Company, and the ifi
iii aefefidant jointly entered upon acid property and com- l?
in ’ plated thereon two walls from which gas was for several '€
1 months profiuced in very large quantities approximately :5
it three million cubic fact of goo from each well and aln 2%
it: though said wells were continually producing large quan— of
7: tities of gas, yet the defendontc, Ponnagrade 011 & Gas ti
5? Company and Louiaville Gas and Electric Company, unlaw— 7:5
3,: fully, wrongfully, without right and in violation of
f; the terms of said lease contract fioluntarily entered if.
%; upon said premises, drew from one of said wells the cae- :2:
;. ing therein, and filled up and destroyed it and from . a :%l
%f , the other of said walls they voluntarily, carelessly, ff
+2 - . 2 -..,

 -3“

' negligently and wrongfully pulled the casing therein, 2
drill— it to a greater depth and caused the water to 3'
flow into said well, out off and destroy the flow of i,
‘v gas therefrom, thus completely destroying and rendering g
,. worth?eos each of said wells, That although said de~ ’2
i I fondant, Pennagrade Oil & Gas Company, agreed, undertook f

by and promised to pipe from said premises all salt water
produced from said Wells, yet in and its co~defendant, fl:
_ Louisville Gas & Electric Company, voluntarily, wilfully, ’3
:7 and unlawfully and wrongfully, without right and in vi— f
" I ,olation of said-contract, agreement and undertaking, }
.I_ Ehowingly suffered and permitted the salt water flowing 2;
ij/ . from said wells and each of them to flow into the casing {
't‘ of said wells and thus destroy the flow of gas therefrom 5?
i and that the present condition of said wells in such .
'I' that they have both been rendered worthless and non- “I
I productive , I
I? That the conduct and acts of the said defendants V:
,1 in the particulars hereinbefore set out were wilfully pf
‘ and known and the same conetitued and is an act of 3:3
" voluntary, wilful and wanton waste committed by the ‘ f;
.3 joint and concurrent negligence of both the defendants g?
. « herein and each of them are responsible therefor in 2%
;}l damages to these plaintiffs. ;g
if: i That said gas wells are located on the lands of i:
13_ these plaintiffs on Beaver Creek in Floyd County, Kentucky, 5;

 J J ~ -4..
':‘ ' through which lands a pipe line nnw runs which 18 owned
"F by the fiefendantg, Pennagrade Oil & Gas Company and Louis- ”
‘ villa Gas and Electric Company ana both of said wells  §
, gre flccasaibia $0 ana canvanient for maqkafiing the pro-  
f fiucta cf aaié wells at a f&vorable price fiherefar and 3
  that by reason of the arongful, unlawful, anfi negligent 7
i] gcta cf the defenflanta am harainbefore atated fihesa  :
'H' plfiintiffa have been damaged in the sum of $35,000.00. 7
f V _ ::maAGPApH II '
T Piaintiffg furfihex complaining herein, reaffirming I
‘}1 wach and evary averment of paragraph number ens hereof as w
i; fully ag if wrifiten at langth herein, ways thax the lfi
  defendants recognizing the obligation of the covenant to . ‘i
_' iiliiganfifiy develop aaifi land for oil and gas, as in ’ 
?: I said agrmevent of laasa flat out, agreed after they had L,
[- complated the two gaifi wells as aforesaid, to pay to ._
. . plaintiffs lefigors therein, royalties 0r rentals the ‘E
f‘ I sum of $375.00 per well on said fiwo wells per year in f;
f: lieu of being compelled to furtherdrill and develoy said "f
 J . property. Plainfiiff atatea that although defendants 5";
Tm agreed to pay them said sums of money, yet said defendants 15f
9* have violated anfl broken the terms of said &greement in 1;
i; that they have failed and refused andatill fail and re— - f;§
  fuse to pay said rentals for more than tfio years past. ;fi
a} That there is now just, long past due, and wholly unpaid f¥3
¥i to these plaintiffs accrued rentals thereon the sum of , 5:?

 $750.00, which plaintiffs are entitled to recover against
the aefendants. That same is a just claim and they believe
{hey ought to recover the game.
~ WHEREFORE, Plointiffs pray that they recover dram _
. defendonta a judgment in domageo in the sum of $35,000.00 .
.1 for all Cost and all proper relief. }
2' Second, Plaintiffo yray that that they recover from ~.
‘ defenoonto in addition to tho aamagea prayed for, the ~
“ . \ further mum of $750.00 as accrued rents and royalties, and g
. for ooots and for all proper and appropriate, generol and >;
special relief. Finally they pray that they recover pun~ 1
. otivo damages for voluntary waste_oommitted and that said '
‘ lease on account thereof be forfeited and cancelled. 9
, A; J. May; Attorney 52
. for Plaintiffs. ‘ ;g
v STATE OF KENTUCKY, - g
' :::::SCT. ;
_ COUNTY 03‘ FLOYD. . .. .
The affiant, Kendall Moore. says that 2he otate— E
' manta contained in the above and foregoing petifiqon 1;
are true no he believes. 1 :
Kendall Moore, -, 2?
1 subscribed and sworn to before me by Kendall Moore ' ' L
: this the 238th day of March, 1933. {f
, E. E. Clarke, Notary 1" a ~‘5
.: Public, Floyd County, Ky./. jg
31132.2 March 2933, 1923. ,f “ .
.g Henry Stephens, C. F. C. C. ' ~11
;‘ By W. C. Gobld, W. C. .3

 V ..5... ,

OIL & GAS LEASE. *'

, Agxcomsnt Made this 13 day of Aug., 1930, by and v»

V between K. Moors, and Jay L. Moors, of Langley, Kentucky, f

and Pannagrads Oil & Gas Company, heroinaftor respectively _ ' YE

,l oallsd lessor and lossoa, wtsthsr one or mors. ' ~é

‘ That the lessor for and in consideration of the sum g,

' of One Dollar paid by lossos, the receipt of which is if
hereby aoknoalcdgsd, and of tho covenants and agresmsnts ii

haxsinaftsr oontainsd on thc.psrt of the lessss to ho f?

kept and performed, has grantod, demisod, leased and lot ;:

1 and by these presents docs grant, demiseleass and lot i:
f unto the losses, for the sole purpose of cpsrating for . id

” oil and gas, installing gas pumps, laying pipe lines, \ f?

"- building tanks, stations and stations structures thereon 9v
. _ to produce, store and convey said products, with full , Ft
1 7 right of way for all purposes incident thereto, all that 'h
A- certain