McCracken v. Hummel

MARKS, J.

Plaintiff brought this action to quiet his title to two parcels of land in Tulare County. He had judgment and this appeal followed. Defendants have attempted to appeal from the order denying their motion for new trial which is not an appealable order. (See. 963, Code Civ. Proc.)

Plaintiff deraigns his title through tax deeds. No question is raised as to their validity, but only as to the quantity of the estate they conveyed. Defendants claim they are the owners of “the oil and gas rights” in the land in controversy. We will assume that by the expression, “the oil and gas rights” is meant the oil and gas in place, if any, together with the right to enter upon the land, drill for those substances and remove them, if found.

In January, 1915, J. S. Daniels, now deceased, acquired the fee title to the half section of land here in question. On October 9, 1923, he conveyed half of the property to Edna Hummel and the other half to Ruth G. Daniels. In each deed he reserved to himself “the oil and gas rights” in the properties. The defendants are (1) the personal representative, (2) the heir at law, and (3) the personal representative of a deceased heir at law of Daniels.

The properties were respectively assessed to Edna Hummel and Ruth G. Daniels. No deductions for the oil and gas rights which had been reserved by Daniels, were made in these assessments. These oil and gas rights were never separately assessed. The taxes were not paid and became delinquent. Plaintiff, through a deed to himself and mesne conveyances from others,, became the owner of the tax title.

The sole question p-resented is whether plaintiff, through his tax title, or defendants as successors to any interest owned by J. S. Daniels, are the owners of the oil rights in the property. We are cited to no California case deciding the question.

Defendants rely principally on

Merchants Trust Co.

v.

Hopkins,

103 Cal. App. 473 [284 Pac. 1072], where the assessor had assessed mineral rights as personal property, which was held to be erroneous. We get little assistance from this ease.

It is now settled that an oil lease for an indefinite period creates in the lessee an estate in real property.

(Callahan