United States v. Thirty-Two Oil Co.

(sitting by special assignment). The land in controversy in this suit is the northeast quarter of section 32, township 31 south, range 25 east, Mt. Diablo meridian, in the state of California. It is oil-bearing, and is included within the presidential withdrawal order of September 27, 1909. Oil had not been discovered on the property at that time, but it was occupied or claimed by sundry of the defendants, who, it is alleged, were then in diligent prosecution of work leading to discovery, and who thereafter continued such work to a discovery, and their successors in interest now claim the right to retain the possession and extract the oil therefrom under the act of Congress of June, 19Í0, commonly known as the Pickett Act. 36 Stat. 847 .

The facts are that in January, 1907, L. B. McMurty posted a notice in the names of certain parties residing in Chicago, from whom he held powers of attorney, on each quarter of the section claiming location thereof under the placer mining laws. In October, 1908, acting as at *732 torney in fact for the alleged locators, McMurty entered into a contract with Mrs. McLeod, wife of defendant J. S. McLeod, by the terms of which she was to drill a well…