State of Oklahoma v. State of Texas United States, 23

Decision Date01 June 1921
Docket NumberNo. 23,23
Citation41 S.Ct. 539,256 U.S. 602,65 L.Ed. 1115
PartiesSTATE OF OKLAHOMA v. STATE OF TEXAS (UNITED STATES et al., Internveners)
CourtU.S. Supreme Court

Mr. S. P. Freeling, of Oklahoma City, Okl., for the State of Oklahoma.

Messrs. C. W. Taylor, of Austin, Tex., and Oriville Bullington and A. H. Carrigan, both of Wichita Falls, Tex., for the State of Texas.

The following orders were made by the court:

Application of Pearson et al.

Upon application of A. E. Pearson, R. R. Bell, Susie Shaw, Georgia Darby, Mrs. John Mounts, Henry G. Beard and the Silver Moon Oil Company, claimants of certain tracts or parcels of land purchased by Fred Capshaw from the United States of America under patent dated February 17, 1920.

It is ordered that the receiver be and he is hereby authorized and directed to sink a well for oil and gas upon the land described in said patent at such place as the receiver shall select, provided said applicants shall pay in advance from time to time as required the cost and expense of sinking the same and bringing it into production. The said well shall be operated by the receiver as he operates wells on other lands in the river bed area, and he shall conserve and dispose of the proceeds of the oil and gas as in the case of wells on other lands in the river bed area, and shall reimburse the said Pearson et al. out of the net proceeds for the moneys so advanced and paid by them for drilling the well and bringing it into production; the remainder of such proceeds to be retained by him subject to the order of the court.

Claim of Eoff.

Upon motion of Luther Eoff, claiming to be owner of an oil and gas lease upon a certain tract of 500 acres of land described in his motion, situate on the flood plain on the south side of Red river, in range 15 west,

It is ordered that the receiver be and he is hereby authorized and directed to sink a well for oil and gas upon the land described in said motion at such place as the receiver shall select, provided said applicant shall pay in advance from time to time as required the cost and expense of sinking the same and bringing it into production. The said well shall be operated by the receiver as he operates wells on lands in the river bed area, and he shall conserve and dispose of the proceeds of the oil and gas as in the case of wells on lands in the river bed area, and shall reimburse the said Eoff out of the net proceeds for the moneys so advanced and paid by him for drilling the well and bringing it into production; the remainder of such proceeds to be retained by the receiver subject to the order of the court.

Claim of Armstrong et al.

Upon motion of J. R. Armstrong et al., and upon the assent of the receiver, it appearing that the receiver has in his hands a fund of approximately $50,000, being part of the proceeds derived by him from the production of receiver's wells Nos. 157, 162, and 170, operated by him for said Armstrong and for one C. J. Benson, under whom he claims by assignment,

It is ordered that Frederick S. Tyler, Esq., be and he is hereby appointed a special master to hear and report to this court for determination the claim of said J. R. Armstrong to have said fund turned over to him as purchaser of said wells, and said master shall hear and report on said claim and on all other claims that may be presented against said fund.

Said master shall have authority to issue process of subpoena to compel the attendance of witnesses, and it shall be his duty to give notice to all parties concerned, to fix the time and place of hearing, and adjourn the same from time to time if necessary, and he shall report all the evidence taken, together with his findings of fact, couclusions of law, and recommendation in the premises, for the ultimate consideration and action of this court.

If for any reason the said Frederick S. Tyler, Esq., shall be unable to act as such special master, or to complete his duties as such, a special master to act in his place shall be named by the Chief Justice or the senior Associate Justice of this court.

Instructions to Receiver.

Upon considering the fifth report of the receiver, filed herein May 26, 1921, it is ordered:

(1) That until further order all development work by the receiver (except as prescribed in certain other orders made this day) shall be confined to the completion of the wells in the river bed area, about 12 in number, work upon which already has been begun.

(2) That the receiver be and he is hereby authorized and directed to collect, withhold, and impound three-sixteenths of the gross proceeds of gas produced by wells within the receivership area from and after June 1, 1921.

(3) That the receiver be and he is hereby authorized to publish a notice in four daily newspapers, two circulating in Texas and two circulating in Oklahoma, to be selected by him, requesting all persons having claims against the receiver or against the property or funds in his custody to present the same to the receiver within 60 days from the date of publication of such notice, accompanying their statements of claim with supporting affidavits and certified or sworn copies of any documentary evidence upon which they may rely, and the receiver is directed to examine and investigate said claims and supporting evidence, and he is hereby authorized to settle and discharge the same if he can do so upon a fair and equitable basis, and as to any not so adjusted and settled he shall make a full report to this court at its next term for such further action as the court may deem proper.

Order Setting Intervening Petitions for Hearing.

It appearing that special issues have been joined in this cause (1) upon the intervening petition of E....

To continue reading

Request your trial
10 cases
  • United States v. State of California
    • United States
    • United States Supreme Court
    • June 23, 1947
    ...Ltd. v. City of Los Angeles, 296 U.S. 10, 21—27, 56 S.Ct. 23, 28—31, 80 L.Ed. 9; State of Oklahoma v. State of Texas, 256 U.S. 70, 41 S.Ct. 420, 6 5 L.Ed. 831, Id., 256 U.S. 602, 41 S.Ct. 539, 65 L.Ed. 1115. And there is no reason why, after determining in general who owns the three-mile be......
  • Petri Cleaners, Inc. v. Automotive Emp., Laundry Drivers and Helpers Local No. 88
    • United States
    • United States State Supreme Court (California)
    • January 26, 1960
    ......L. R. B. v. United Biscuit Co., 8 Cir., 208 F.2d 52, 55, certiorari ... Pipeline Const. Co. v. State Bd. of Equal., 49 Cal.2d 729, 735-736, 321 P.2d ... But, as the United States Supreme Court observed of a similar argument, 'we ...'s verdict.' (In re Estate of Bristol (1943), 23 Cal.2d 221, 223(2), 143 P.2d 689.) Furthermore, ... In State of Oklahoma v. State of Texas (1920), 252 U.S. 372, 40 S.Ct. ......
  • Rector v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 28, 1927
    ...252 U. S. 373, 374, 40 S. Ct. 353, 64 L. Ed. 619; Id., 253 U. S. 465 and 469, 40 S. Ct. 580, 64 L. Ed. 1015, 1017; Id., 256 U. S. 602, 41 S. Ct. 539, 65 L. Ed. 1114. It could have conditioned such development upon advance of the expenses by the existing lessee (Oklahoma v. Texas, 256 U. S. ......
  • State of Oklahoma v. State of Texas United States
    • United States
    • United States Supreme Court
    • October 11, 1926
    ... 272 U.S. 21 . 47 S.Ct. 9 . 71 L.Ed. 145 . STATE OF OKLAHOMA . v. . STATE OF TEXAS (UNITED STATES, Intervener). . No. 6, Original. . Argued on the Counterclaim Nov. 25, 1925. . Decided Oct. 11, 1926. . .             [Syllabus from pages 21-23 intentionally omitted] . . . Page 23 .                     Mr. S. P. Freeling, of Oklahoma City, Okl., for the State of oklahoma. .           Messrs. Thomas W. Gregory and R. H. Ward, both of Houston, Tex., C. W. Taylor, of Corsicana, Tex., Orville Bullington ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT