Coburg Oil Co. v. Russell

SHINN, P. J.

The litigation in which proceedings were had in superior court in actions

Coburg Oil Co.

v.

Russell et al.,

and

Sanders

v.

Howard Park Co. et al.,

which were challenged by the appellants and are for review in separate appeals Numbers 21126 and 21127, arose out of conflicting claims between lessors and lessees who were parties to an oil lease executed by owners of lots in a subdivision known as Athens in Los Angeles County to one E. J. Miley in 1924. July 10, 1942, the lessors brought an action Number 478480 against certain individuals and corporations, one of them being Petroleum Development and Production Corporation, also known as Petroleum Development Company, which later became known as Coburg Oil Company. Guy N. Stafford

[166]

was the principal stockholder, the guiding hand and controlled Coburg Oil Company’s conduct in the actions to be mentioned. The judgments and other proceedings in Coburg’s litigation were binding upon him.

(Stafford

v.

Russell,

117 Cal.App.2d 319 [255 P.2d 872].)

July 3, 1944, judgment was rendered in action Number 378480 declaring the oil lease to have been terminated, abandoned and forfeited and quieting the title of the lessors against the claimants under the lease. No appeal was taken from this judgment. July 8, 1946, Coburg Oil Company brought an action Number 516496 against certain lessors, against Guy N. Stafford who had acquired an interest in some of the property, and also naming as defendants G. M. Bussell and wife to whom it was alleged the above named owners, other than Stafford, had entered into an oil lease dated August 24, 1944. It was sought in that action to have declared void the judgment in action Number 478480 and to require Bussell to account to Coburg for any proceeds received from the property. The action was dismissed as to certain defendants, motions for nonsuit of other defendants were granted, the actions were dismissed as to them, and judgment was rendered in favor of Bussell and wife. This*judgment was of date January 30,1947. The judgment did not run against Stafford, who had been dismissed from the action. The time for appeal expired without the taking of an appeal.