Legal Opinion

Churchill v. More

California Court of Appeal

Decided August 14, 1906No. Civ. No. 228PublishedCited by 8 opinions

APPEAL from a judgment of the Superior Court of Santa Barbara County, and from an order denying a new trial. J. W. Taggart, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtAllen, J.

Appeal by defendant from a judgment for plaintiff and an order denying a new trial in an action of replevin.

The record discloses that one Mrs. Rowe, in March, 1901, then the owner of certain real estate, executed thereon what is popularly known as an oil lease to one Ayers, who assigned the same to a corporation known as the Mescalitan Island Oil and Development Company. This lease provided, among other things: “The party of the second part shall have . . . the right to remove all machinery and fixtures placed on the premises by him at any time.” Further: “That if oil or other metals or…

2Cases cited4 opinions

  1. Harris v. BarnhartCalifornia Supreme Court · 1893
  2. Hewitt v. San Jacinto & Pleasant Valley Irrigation DistrictCalifornia Supreme Court · 1899
  3. Evans v. JohnstonCalifornia Supreme Court · 1896
  4. Miller v. HeilbronCalifornia Supreme Court · 1881

3Cited by8 opinions

  1. Weisberg v. LoughridgeCalifornia Court of Appeal · 1967
  2. Nielsen v. HylandUtah Supreme Court · 1918
  3. Teater v. Good Hope Development Corp.California Court of Appeal · 1942
  4. United States Fidelity Etc. Co. v. MoreCalifornia Supreme Court · 1909
  5. Goldman v. DahlbergCalifornia Court of Appeal · 1926

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