Legal Opinion

Avery v. Wallace

Supreme Court of Oklahoma

Decided February 5, 1924No. 12447PublishedCited by 14 opinions

Error from District Court, Tulsa County; A. C. Brewster, Assigned Judge. Action by Lucile Wallace, a minor, by John W. Wallace, her guardian, against Cyrus S. Avery to recover damages to property of plaintiff by reason of defendant permitting salt water and other deleterious substance to flow over her land from oil wells. Judgment for plaintiff. Defendant brings er-vor.

1Opinion of the Court

Opinion by

SHACKELFORD, C.

The parties to the action will be referred to as plaintiff and defendant, as they appeared in the trial court.

The plaintiff, Lucile Wallace, a minor, by her guardian, John W. Wallace, commenced this action in the district court of Tulsa county by filing her petition therein on the 10th of September, 1919. The petition, in effect, charges that the plaintiff is the owner of a certain 80 acres of land in Tulsa county; that on the — day of February, 1916, the defendant drilled in an oil well on a certain piece of land adjacent to plaintiff’s land, at or near the head of a…

2Cases cited7 opinions

  1. City of Tulsa v. WellsSupreme Court of Oklahoma · 1920
  2. First State Bank of Keota v. BridgesSupreme Court of Oklahoma · 1913
  3. Tootle v. KentSupreme Court of Oklahoma · 1903
  4. Armstrong v. MaySupreme Court of Oklahoma · 1916
  5. St. Louis, I. M. S. Ry. Co. v. Weldon Et Ux.Supreme Court of Oklahoma · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. McDonald v. RobinsonSupreme Court of Iowa · 1928
  2. Sinclair Oil & Gas Co. v. AllenSupreme Court of Oklahoma · 1930
  3. Shell Petroleum Corp. v. WorleySupreme Court of Oklahoma · 1939
  4. Phillips Petroleum Co. v. VandergriffSupreme Court of Oklahoma · 1942
  5. Town of Sentinel v. BoggsSupreme Court of Oklahoma · 1936

9 more not listed; retrieve them via the Exa API.

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