OIL. Petroleum or rock oil is a mineral substance obtained from the earth by pro cess of mining, and the land from which it is obtained is called mining land; Kelly v. Oil Co., 57 Ohio St. 317, 49 N. E. 399, 39 L, R. A. 765, 63 Am. St. Rep. 721; Gill v. Wes ton, 110 Pa. 313, 1 Atl. 921. It is a part of the realty ; id.; Appeal of Stoughton, 88 Pa. 198. It was held not a mineral; 23 L. D. 222. This was reversed by act of con gress which made oil lands patentable the same as placers; 23 L. D. 222, reversed by 25 L. D. 351.
But it is held that a reservation of "all timber suitable for sawing; also all miner als," will not include petroleum, the ordi nary meaning of the word mineral overcom ing the technical meaning; Dunham v. Kirk patrick, 101 Pa. 36, 47 Am. Rep. 696.
A property owner has a right to drill for oil through a stratum of coal belonging to another; Chartiers B. C. Co. v. Mellon, 152 Pa. 286, 25 Atl. 597, 18 L. R. A. 702, 34 Am. St. Rep. 645. A contract, giving the right to explore for oil, and if any be found, 'to sink wells, is a license only ; Dark v. Johnston, 55 Pa. 164, 93 Am. Dec. 732. A lease of land with the right to bore for oil is a lease and not a sale of the oil; Duffield v. Hue, 129 Pa. 94, 18 Atl. 566.
Title under an oil and gas lease is in choate and for purposes of exploration only until oil or gas is found. If none is found no estate vests in the lessee, and his title ends when the unsuccessful search is aban doned. If found then the right to produce becomes a vested right.
Where a lessee drilled a dry well, and removed substantially all his machinery therefrom, and did nothing further in the search, and asserted no title for nine years, until after a lease has been made to other parties, it was assumed as matter of law that the first lease was abandoned ; Calhoon v. Neely, 201 Pa. 97, 50 Atl. 967.
Oil produced from wells on lands leased for oil purposes during the owner's life is income ; Woodburn's Estate, 138 Pa. 606, 21 Atl. 16, 21 Am. St. Rep. 932. Where a life tenant united with. a remainder-man in leasing new oil territory, the court appointed a trustee to hold and invest the royalties and pay the income to the life tenant, and at her death, the principal to the remainder- . man; Blakley v. Marshall, 174 Pa. 425, 34 Atl. 564. A life tenant cannot lease new oil territory, never operated before her title ac erued; Marshall v. Mellon, 179 Pa. 371, 36 Atl. 201, 35 L. R. A. 816, 57 Am. St. Rep. 601. When oil reaches a well and is produced at the surface, it becomes personal property ; Kelly v„ Oil Co., 57 Ohio St. 317, 49 N. E. 399, 39 L. R. A. 765, 63 Am. St. Rep. 721. As to whether one holding oil ou storage who converts it to his use is guilty of larceny as bailee, see Hutchison v. Coro., 82 Pa. 472.
It is a proper subject for police regula tion; Red "C" Oil Co. v. Board of Agricul ture, 222 U. S. 380, 32 Sup. Ct. 152, 56 L. Ed. 240.
See Bryan, Petroleum and Natural Gas; as to oil leases, see Evans v. Trust Co. (Ind.) 29 N. E. 398, 31 L. R. A. 673; as to liability for rent on oil leases, see Kunkle v. Gas Co., 165 Pa. 133, 30 Atl. 719, 33 L. R. A. 847; as to assignment of an oil lease, see Woodland Oil Co. v. Crawford, 55 Ohio St. 161, 44 N. E. 1093, 34 L. R. A. 62. See NAT URAL GAS; EMINENT DOMAIN; PIPE LINES; MINES AND MINING; WASTE.