Legal Opinion

Bazemore v. Whittington

Court of Appeals for the Fifth Circuit

Decided June 10, 1957No. 16064PublishedCited by 5 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The contention, pressed successfully by plaintiff-appellee Edman and his other Texas associates trading as Mid-Century Oil & Gas Company, was whether, through the operation of the doctrine 1 of after-acquired title, Edman, by a 1951 assignment to him of an earlier (1947) oil and gas lease obtained a lease of the whole rather than one-half of the minerals because, subsequent to the assignment, an outstanding reservation of one-half of the minerals prescribed for non-user. Reaching this result, the District Court rejected the basic defense made there and here by…

2Cases cited32 opinions

  1. McDuffie v. WalkerSupreme Court of Louisiana · 1909
  2. Waterman v. Tidewater Associated Oil Co.Supreme Court of Louisiana · 1947
  3. Long-Bell Petroleum Co. v. TriticoSupreme Court of Louisiana · 1949
  4. United States v. Nebo Oil Co., IncCourt of Appeals for the Fifth Circuit · 1951
  5. Frost Lumber Industries, Inc. v. Union Power Co.Supreme Court of Louisiana · 1935

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3Cited by5 opinions

  1. J. R. Butler v. Garvis I. Bazemore, C. T. Ruffin and Goodwyn H. Harris, Jr.Court of Appeals for the Fifth Circuit · 1962
  2. Bazemore v. WhittingtonCourt of Appeals for the Fifth Circuit · 1957
  3. Butler v. BazemoreDistrict Court, W.D. Louisiana · 1964
  4. United States of America, Plaintiff-Appellant-Cross-Appellee, and Chevron Oil Company, Additional Defendants-Appellants-Cross-Appellees v. Leo Buras, Jr., (1-26)-Appellees-Cross-Appellants v. Philibert Buras, Intervenors-AppellantsCourt of Appeals for the Fifth Circuit · 1972
  5. United States v. BurasCourt of Appeals for the Fifth Circuit · 1972

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