Legal Opinion

Burke v. Horth

District Court, D. Wyoming

Decided October 26, 1923No. 1162PublishedCited by 4 opinions

In Equity. Suit by M. B. Burke and the Eclipse Oil Company against Ralph Horth, executor of the will of Robert Taylor, deceased, wherein the Columbine Oil Company and the Ohio Oil Company became intervening defendants. On motion by defendants to exclude testimony.

1Opinion of the Court

KENNEDY, District Judge.

This is a suit in equity, in which the plaintiffs seek to impress a trust in their favor upon a certain oil and gas lease issued by the Department of the Interior on certain lands in the state of Wyoming, under the Act of February 25, 1920 (41 Stat. 437). This memorandum is not in decision upon the merits of that case, as that is now under advisement by the court, awaiting briefs of counsel.

The matter herein treated arises out of the following circumstances. Issues were joined in this suit and the final hearing begun on May 28, 1923, at which time it continued for four…

2Cases cited21 opinions

  1. Vattier v. HindeSupreme Court of the United States · 1833
  2. Owens v. Owens's Adm'rWest Virginia Supreme Court · 1878
  3. St. John v. LoflandNorth Dakota Supreme Court · 1895
  4. Langham v. StateAlabama Court of Appeals · 1915
  5. Moloney v. . NelsonNew York Court of Appeals · 1899

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3Cited by4 opinions

  1. Wootton v. JonesCourt of Appeals of Texas · 1926
  2. McCormick v. RhoadesCourt of Appeals of Texas · 1962
  3. Know The Facts, Inc. v. RyanNew Jersey Superior Court Appellate Division · 1958
  4. Wootton v. JonesCourt of Appeals of Texas · 1926

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