Call
Call v. Richfield Oil Corp.
Opinion
lead Opinion
Westover, J.
These proceedings involve the rights of the respective parties to certain, government land.
On June 26, 1946, defendant J. R. Gillbergh filed in the office of the Bureau of Land Management at Sacramento, California, his application for a noncompetitive oil and gas lease on the lands described in the complaint on file herein. His application was the first filed with the Bureau of Land Management for a noncompetitive oil and gas lease on that particular property.
Defendant Monolith Portland Cement Co. is the owner of placer mining claims on the land, by reason of notices of location dated March 26, 1948 and recorded June 3, 1948.
On October 30, 1950, plaintiff Joseph L. Call filed his application for a noncompetitive oil and gas lease on the premises in question. At the time the Call application was filed the application of defendant Gillbergh was of record, as were the placer claim locations mentioned above.
On March 1, 1951, the government through inadvertence entered into a lease with plaintiff Call. On May 16, 1951, notice was sent to Joseph L. Call, which read in part as follows:
On April 23, 1951, plaintiff filed this action against the defendants to quiet title.
*974 On…