Black v. Solano Co.

BISHOP, J., pro tem.

Plaintiff recovered judgment against the two appealing defendants based on his claim that he had an overriding royalty interest in the oil which each of the defendants bought. Defendants and plaintiff trace their respective rights to the oil back to a common source, but by different channels. The judgment against the defendant Solano Company is erroneous if it did not have constructive notice of the agreement whereby plaintiff acquired his interests. Judgment against both defendants is in error if the instrument on which plaintiff bases his claim was issued in violation of…