Legal Opinion · Dissent

Gulf Refining Co. of Louisiana v. Glassell

Supreme Court of Louisiana

Decided November 4, 1936No. Nos. 33869, 33870Published

1DissentO’Niell, Chief Justice

My opinion is that a rehearing ought to be granted for a further consideration' of the legal effect of the difference between a mining lease and a sale or reservation of the mineral rights in a tract of land. That there is such a difference no one can doubt. But there is a greater difference between a mining lease and an ordinary lease of a house or farm. For that reason the law which denies to a lessee of a house or farm the right to bring a petitory action against one who is unlawfully in possession of the house or farm is not appropriate to a lessee for mining operations. I do not see any…

2Cases cited21 opinions

  1. Douglass v. County of PikeSupreme Court of the United States · 1880
  2. Guffey v. SmithSupreme Court of the United States · 1915
  3. Anderson v. Santa AnnaSupreme Court of the United States · 1886
  4. Roberson v. Pioneer Gas Co.Supreme Court of Louisiana · 1931
  5. Minnesota Co. v. National Co.Supreme Court of the United States · 1866

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