Isom v. Rex Crude Oil Co.

HENSHAW, J.

The plaintiff, Isom, had sued defendant, the Rex Crude Oil Company, in the superior court of the county of Los Angeles, and had obtained a judgment for the annulment of a certain lease held by it, upon the ground that it was procured by fraud, and for damages. Subsequently, the court appointed a receiver of the property, who was ordered to take possession of it and operate it, the land being oil-bearing land. This the receiver did, and the defendant, the Rex .Crude Oil Company, took its appeal from the judgment, and with its appeal filed a

supersedeas

bond. Thereafter, the Rex Crude Oil Company and two other corporations consolidated their assets, franchises, and property into the

[665]

Union Consolidated Crude Oil Company. After this consolidation the plaintiff, Isom, filed her bill in the circuit court of the United States, ninth circuit, southern district of California, against the Bex Crude Oil Company. Substantially the same allegations of fraud were made in this bill as were set forth in the complaint in the state court, and additionally it was alleged that the lease in question had expired by its terms. The bill further set forth the proceedings in the state court resulting in favor of the plaintiff, and the appointment of a receiver, and the possession of the property by the receiver. It was prayed that the lease be declared void and canceled, and that it be adjudged and decreed that the lease, if valid, had been terminated by its own provisions, and that plaintiff be decreed to be entitled to the possession of the property free from any claim on the part of the defendant. The Bex Crude Oil Company made no appearance in this action, and judgment passed for the plaintiff, the circuit court finding in accordance with the allegations, and decreeing in accordance with the prayer. To this action in the circuit court the receiver was not made a party; the Bex Crude Oil Company was the sole defendant. A writ of assistance was issued by the circuit court, directing the marshal to put the complainant in possession of the property. On the following day the receiver appointed by the state court filed his report, in which he alleged that the writ of assistance had been served on him by the United States marshal, and he submitted the writ and the facts above stated to the superior court, requesting the direction of that court as to the proper course for him to pursue. Following this, plaintiff, Isom, after due notice, moved the superior court for its order directing the receiver to turn over and deliver the possession of the property to the United States marshal. The superior court made its order in compliance with this motion, and it is from that order that this appeal is taken.