Bourdieu

This is a suit in equity whereby the complainant, Jean Bourdieu, seeks to impress a trust in his favor upon an oil and gas lease issued by the United States on October 4, 1929, to defendants Kettleman Oil Corporation and Pacific Western Oil Company, a corporation, under the Leasing Act of February 25, 1920 (section 1 et seq., 41 Stat. 437 ).

The lease grows out of a prospecting permit granted by the government on May 28, 1921, under said Leasing Act to one Thomas M. Crum. Both the prospecting permit and the lease cover an area within which the land claimed by the complainant is situate. By transfers, assignments, -and by the production of oil in paying quantities from the area covered by the prospecting permit the two aforesaid corporations have succeeded to rights of the permittees, and as above stated are the lessees named in the lease. The only portion of the leased area that is involved in this ease is situate in Fresno County, Cal., and consists of 322.89 acres described as “Lots 1 and 2, E% of the NW% of the NE^ of Section 30; Township 21 South, Range 17 East, Mt. Diablo Meridian.”

There is no claim of any fraud. There is no contention that at any time any fiduciary…