Legal Opinion · Dissent

Terminal Drilling Co. v. Jones

Supreme Court of Colorado

Decided July 2, 1928No. 12,111Published

1DissentJustice Butler

I cannot concur in the views expressed in paragraph 4 of the opinion. Upon those who assert that the derrick ceased to be personal property and became subject to the liens is cast the burden of proving that such is the fact. There is a total failure of such proof. If the lessee placed the derrick on the property for the purpose of drilling the well, and especially if it was the purpose to use it in connection with the production of oil in the event of oil being found — in other words, use it' as part of the oil-producing plant — the liens would attach.- In Haskell v. Gallagher, *29020 Ind. App.…

2Cases cited5 opinions

  1. Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
  2. McElwaine v. HoseyIndiana Supreme Court · 1893
  3. Haskell v. GallagherIndiana Court of Appeals · 1898
  4. Showalter v. LowndesWest Virginia Supreme Court · 1904
  5. Dawson v. Scruggs-Vandervoort Barney Realty Co.Supreme Court of Colorado · 1928

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