Ash v. Barnsdall Oil Co.

HOLMES, Circuit Judge.

This is a suit to recover a two-thirds interest in certain real estate in Nueces County, Texas, and for an accounting and recovery for the value of oil taken therefrom. Our decision turns upon the validity of an administrator’s deed which was executed on March 1, 1860. It is admitted that, if the deed is good and conveyed title to the land, the judgment of the court below should be affirmed.

The land belonged to John Peter Schatzell, who died October 23, 1854. On November 4, 1854, three men were appointed permanent administrators of the estate. In July, 1855, James W.…