Miller v. Tidal Oil Co.

HERR, C.

This is an action by Walton J. Miller, as administrator of the estate of Robert Marshall, deceased, against the Tidal Oil Company, to recover the value of oil and gas taken from the allotment of said deceased. The trial court rendered judgment in favor of defendant. Plaintiff appeals. This is a second appeal.

In the former trial of the case, judgment was also rendered in favor of the defendant, which was by this court reversed. Miller, Adm’r v. Tidal Oil Co., 106 Okla. 212, 233 Pac. 696. See, also, Tidal Oil Co. v. Flanagan, 67 Okla. 231, 209 Pac. 729, in which title to this identical…