
    OIL LEASES.
    [Jefferson Circuit Court,
    1896.]
    Daubie, Frazier and Burrows, JJ.
    In re Oil Well Lease.
    Drilling Well Two Miles Away, not in “Vicinity” of Land Property.
    Drilling an oil well nearly two miles distant, and with several farms intervening, from leased property, is not a compliance with the condition in an oil lease providing that lessee shall drill a well on the leased property or in the vicinity, or pay the rental.
   Per Curiam.

Joshua Moores brought suit against the Castner Oil Co. for rental' for his farm under a contract which provided that a well was to be drilled on the farm or in the vicinity, or they were to pay the rental. The oil company drilled a well nearly two miles away and maintained that it was in the vicinity. A justice, and a jury in the common pleas court, gave Moores a verdict for the full amount, and the circuit court affirms the decision of the lower court, holding that, had the well been drilled on an adjoining farm, it might have been in the vicinity, but with several farms intervening, it is not.  