United States v. Stockton Midway Oil Co.

This is an application by the plaintiff for an injunction in restraint of waste and for the appointment of -a receiver for oil property claimed by the government in its proprietary capacity, and now in the possession of and being operated for the production of oil by defendants. The case is a so-called “withdrawal suit” and in its substantial features is of the form, scope, and purpose of cases heretofore considered and reported. United States v. McCutchen et al. (D. C.) 234 Fed. 702 , same case on final hearing 238 Fed. 575 ; also United States v. Midway Northern Oil Co. (D. C.) 232 Fed. 619 , heretofore heard and determined by Judge Bean sitting in this court.

The facts of the case present no conflict. Substantially they are as follows: The land in dispute is the southeast quarter of section 14, township 31 south, range 22 east, Mt. Diablo meridian, in the state of California. All of the four quarters of the section named were located as four placer claims'at the same time and by the same persons, and of course are contiguous. Each quarter section later passed into the possession of the Bear Creek Oil & Mining Company, under which the General Petroleum Company now claims, for…