Brewster v. Lanyon Zinc Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. This was a suit in equity to establish, as matter of record, the forfeiture of an oil and gas lease and to cancel the same as a cloud upon complainant’s title. The suit was commenced December 31, 1901, in the district court of Allen county, Kan., and was removed into the Circuit Court on defendant’s petition.
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Appeal from the Circuit Court of the United States for the District of Kansas. This was a suit in equity to establish, as matter of record, the forfeiture of an oil and gas lease and to cancel the same as a cloud upon complainant’s title. The suit was commenced December 31, 1901, in the district court of Allen county, Kan., and was removed into the Circuit Court on defendant’s petition. To an amended bill filed February 20, 1904, defendant demurred, assigning as causes therefor want of equity in the bill and the existence of a full, complete, and adequate remedy at law. The demurrer was…
1Opinion of the CourtVan Devanter, Circuit Judge
Before considering the principal questions arising on this appeal, attention will be given to some matters set forth in the bill and not mentioned in the foregoing statement. One of these is an allegation to the effect that the lease was fraudulently procured, because in the negotiations «which resulted in its execution the complainant was represented by an agent who was also, and without complainant’s knowledge, acting as the agent of the lessee. Referring to this, counsel for the complainant say in their brief:
“No reflection is intended. We know him [the agent] to be a strictly honorable…
2Cases cited69 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Ohio Oil Company v. IndianaSupreme Court of the United States · 1900
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
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3Cited by220 opinions
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- Hartman Ranch Co. v. Associated Oil Co.California Supreme Court · 1937
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