Montana-Fresno Oil Co. v. Powell

Jean Marvin Powell appeals from a decree quieting plaintiff’s title to 120 acres of oil land in the Kern River Field as against an oil and gas lease originally executed in her favor by plaintiff. Of a total of 52 defendants, Mrs. Powell is the only one who has not disclaimed, defaulted or failed to appeal; she will be referred to herein as the defendant.

The principal questions to be determined are the meaning of the habendum clause of the oil lease itself, and whether under the evidence the lease terminated as found by the trial court. Additional claims of estoppel, waiver, laches and unjust…