Lierly

Lierly v. McEwen

Good Law
1927 Cal. App. LEXIS 55·87 Cal. App. 711·262 P. 457
Court of Appeal of CaliforniaDecember 21, 1927Docket No. 5217.California1,893 words

Opinion

lead Opinion

Tyler, J.

This action was originally brought by plaintiffs against Security Trust Company of Bakersfield as defendant for the purpose of having determined the proportionate amount of royalties that certain locators of oil lands were entitled to under a leasing agreement with the Associated Oil Company, which royalties were held by the defendant banking company under a certain trust agreement. The company later came into court under motion, according to the provisions of the Code of Civil Procedure, and deposited the sum of $1,704.32, the amount held by it, and procured an order bringing into the action certain defendants who thereafter filed pleadings alleging the proportion of the amount they were entitled to. The facts are somewhat involved. It appears from the record that on January 1, 1910, W. S. Lierly, plaintiff herein, made a number of oil locations on government lands under the then existing system and named B. F. Wilson as one of the locators. Shortly thereafter the Associated Oil Company leased certain of these locations, including those in which Wilson’s name was used as a locator. As soon as Wilson ascertained the fact that his name had been used as one of the locators he…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.