Atwood v. National Petroleum Co.

Appellants sued for possession, and in the alternative for the value, of certain oil-refining machinery. They claim title through a transfer from C. W. Davis, of Covina, Cal. Davis owned a patent to a process for refining crude oil, and installed in the plant of North Texas Oil & Refining Company, at Greenville, Tex., two units of the machinery equipment used in the refining process.

The cont§ntion of appellants was and is that title to the machinery did not pass from Davis to the refining company; that the transaction was not a sale, but a license to use the property on a royalty basis; that…