Bartholomae Oil Corp. v. Delaney

NOURSE, P. J.

Plaintiff sued to quiet title to a leasehold interest for the exclusive right to drill, develop and remove petroleum, natural gas, asphaltum and other kindred substances from certain real property. The cause was tried before the court, which made findings and judgment in favor of the plaintiff from which the defendants appeal upon typewritten transcripts.

The complaint pleaded plaintiff’s leasehold interest in the real property which gave to the plaintiff the exclusive right to drill, develop and remove all petroleum and kindred substances from the land for a period of twenty years. It was also alleged that the plaintiff was in possession of the premises and of all petroleum, natural gas, asphaltum and other kindred substances situated upon and contained in said premises; that the defendants claim some estate or interest therein, but that they had no estate or interest whatsoever “in said lease and/or to the oil, petroleum, gas, asphaltum and/or other kindred substances situated and being

within said leasehold and said premises”.

These allegations were followed by the usual prayer for a decree quieting plaintiff’s title to the lease of the premises and to the oil and kindred substances situated and being within and upon said premises.

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A prayer was added for an injunction restraining defendants from asserting any claim whatsoever to the leasehold interest or to the oil and kindred substances situated or being, “or produced” from said land and premises. The defendants answered denying any interest or estate in the lease but claiming an interest in the oil and gas situated upon said premises by reason of a contract between the plaintiff and defendants whereby the former agreed to sell to the defendants one-half of all the oil produced from a certain well known as Bartholomae No. 3 situated on the premises, such sale to be made at the market price of such oil at the Long Beach oil-field.

Pláintiff made proof of its title to the leasehold and then defendants endeavored to prove what they claimed to be an interest in the oil by • reason of the contract; objections were made to this line of proof and sustained. Thereupon the trial court made its findings and entered judgment in favor of plaintiff through which it quieted plaintiff’s title to the leasehold and to all petroleum, natural gas and kindred substances situated upon and contained in said premises. It further decreed that the defendants had no interest whatsoever in these properties, but the judgment forever enjoined and debarred them from asserting any claim to the leasehold or to the oil being or “produced from” said premises.