Union Oil Co. v. Mutual Oil Co.

[621]

SPENCE, Acting P. J.

—This is an appeal by defendants Mutual Oil Company, Bysshe, Jr., and Barratt from the same judgment which was before this court on the appeal of certain other defendants in

Union Oil Go.

v.

Mutual Oil Co.,

19 Cal. App. (2d) 409 [65 Pac. (2d) 896], The appeal here is presented upon typewritten transcripts and not merely upon the judgment roll.

Only one point need be considered here as all of the contentions of appellant Mutual Oil Company and all but one of the contentions of appellants Bysshe, Jr., and Barratt were considered upon the other appeal.

(Union Oil Co.

v.

Mutual Oil Co., supra.)

As to these last-named appellants, it is stated in the reply brief that “the whole question is whether there is any evidence ... to support the finding that they knowingly caused the trespass to be made” or, as otherwise stated in said reply brief, whether there is any evidence to support the findings that said appellants “knowingly participated in the intentional drilling of the trespass well under plaintiff's property and stealing the oil therefrom”.1 Assuming that said appellants have correctly stated the question to be considered here, we are nevertheless of the opinion that said question must be decided against said appellants as the evidence appears to be sufficient.

It may be noted at the outset that appellants do not claim that the evidence was insufficient to sustain the findings to the effect that the Carpenter No. 1 well was intentionally and deliberately diverted and drilled so as to slant under and to trespass upon the Reyes lease (the lease held by respondents) and that oil and gas were intentionally and deliberately produced from within the boundaries of said Reyes lease by means of said Carpenter No. 1 well. Nor do appellants challenge the finding that 2,260 feet of said well trespassed upon the Reyes lease and extended within the limits thereof for a horizontal distance of more than 1,000 feet. The attack here is directed solely to the findings to the effect that said appellants knowingly participated in said trespass and the conversion of said oil and gas.