State v. All the Oil & Products of Oil Situated in Certain Pits in Upshur County

BLAIR, Justice.

As concerns this appeal, appellant, the State of Texas, sued appellee, P. H. Pewitt, under the provisions of Art. 6066a, Vernon’s Ann.Civ.Statutes, Acts 1935, 44th Legislature, p. 624, to confiscate and forfeit 36,000 barrels of fuel oil located in a certain earthen pit in Upshur County, described as Pit A. Appellee impleaded the Railroad Commission and sought to enjoin it from interfering with his moving the fuel oil in commerce. The State alleged that the crude oil from which the fuel oil had been refined or processed, was produced, transported, and handled in violation of…