McLemore v. Express Oil Co.
California Supreme Court
APPEAL from a judgment of the Superior Court of Fresno County and from an order refusing a new trial. H. Z. Austin, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
The action is in ejectment. Judgment passed for plaintiff, and from that judgment and from an order denying defendant’s motion for a new trial it appeals. The controversy is between a claimant to government land under homestead entry, and a claimant to the same land under a purported mining location. An attempted location had been made by eight associates, defendant’s grantors, under the placer mining laws. The valuable mineral sought to be discovered was oil. This was in January, 1906. A cabin was constructed upon the claim, its boundaries were marked, some bits of road built, and, in the…
2Cases cited13 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Supreme Court of the United States · 1903
- Pool v. ButlerCalifornia Supreme Court · 1903
- Miller v. ChrismanCalifornia Supreme Court · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Midway Northern Oil Co.District Court, S.D. California · 1916
- Smith v. Union Oil Co. of Cal.California Supreme Court · 1913
- United States Ex Rel. United States Borax Co. v. IckesCourt of Appeals for the D.C. Circuit · 1938
- Borgwardt v. McKittrick Oil Co.California Supreme Court · 1913
- Duguid v. BestCourt of Appeals for the Ninth Circuit · 1961
16 more not listed; retrieve them via the Exa API.