Isom

Isom v. Rex Crude Oil Co.

Good Law
147 Cal. 663·1905 Cal. LEXIS 452·82 P. 319
Supreme Court of CaliforniaSeptember 6, 1905L.A. No. 1342.California1,584 words

Opinion

Lead Opinion

Henshaw, J.

The plaintiff, Isom, had sued defendant, the Rex Crude Oil Company, in the superior court of the county of Los Angeles, and had obtained a judgment for the annulment of a certain lease held by it, upon the ground that it was procured by fraud, and for damages. Subsequently, the court appointed a receiver of the property, who was ordered to take possession of it and operate it, the land being oil-bearing land. This the receiver did, and the defendant, the Rex .Crude Oil Company, took its appeal from the judgment, and with its appeal filed a supersedeas bond. Thereafter, the Rex Crude Oil Company and two other corporations consolidated their assets, franchises, and property into the Union Consolidated Crude Oil Company. After this consolidation the plaintiff, Isom, filed her bill in the circuit court of the United States, ninth circuit, southern district of California, against the Bex Crude Oil Company. Substantially the same allegations of fraud were made in this bill as were set forth in the complaint in the state court, and additionally it was alleged that the lease in question had expired by its terms. The bill further set forth the proceedings in the state court resulting in…

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