Brewer-Elliott Oil & Gas Co. v. United States
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Oklahoma; John H. Cotteral, Judge. Suit in equity by the United States and others against the Brewer-Elliott Oil & Gas Company and others. Decree for complainants, and defendants appeal. About 1913 oil and gas were discovered in the bed of the Arkansas river north of the thread of the mam channel thereof, which was the south boundary of the lands of the Osage Tribe of Indians.
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Appeal from the District Court of the United States for the Western District of Oklahoma; John H. Cotteral, Judge. Suit in equity by the United States and others against the Brewer-Elliott Oil & Gas Company and others. Decree for complainants, and defendants appeal. About 1913 oil and gas were discovered in the bed of the Arkansas river north of the thread of the mam channel thereof, which was the south boundary of the lands of the Osage Tribe of Indians. Thereupon the state of Oklahoma leased to certain oil corporations parts of the bed of the Arkansas river above the mouth of the Grand…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). The appellants assigned 12 alleged errors in the hearing and disposition of this case, but when reduced to their lowest terms they present only two questions that, in the view the court takes of the facts and the law, it is necessary to consider and decide. Those questions are: (1) Did the court below make a mistake of fact in its finding that the Arkansas river was not navigable at the place of the premises in controversy? (2) If it was not mistaken in its finding of fact upon that subject, did it fall into an error of law because, although that river was…
2Cases cited47 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- The Daniel BallSupreme Court of the United States · 1871
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
- Donnelly v. United StatesSupreme Court of the United States · 1913
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3Cited by21 opinions
- United States v. UtahSupreme Court of the United States · 1931
- Commissioners of Land Office of Oklahoma v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- State Ex Rel. Sprynczynatyk v. MillsNorth Dakota Supreme Court · 1994
- Brush v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1927
- United States v. Appalachian Electric Power Co.District Court, W.D. Virginia · 1938
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