Colquitt v. Roxana Petroleum Corporation, 5676.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Citation49 F.2d 1025
Docket NumberNo. 5676.,5676.
Decision Date23 May 1931

James Cornell, of San Angelo, Tex., W. A. Keeling, of Austin, Tex., J. G. McGrady, of El Paso, Tex., L. W. Elliott, of Sonora, Tex., T. W. Gregory, of Houston, Tex., and Brian Montague, of Del Rio, Tex. (Le Grand J. Woods, of San Angelo, Tex., on the brief), for appellants.

Chas. A. Holden and J. H. Maxey, both of Tulsa, Okl., Guy A. Thompson and W. K. Koerner, both of St. Louis, Mo., Henry G. Russell, of Pecos, Tex., Esmond Phelps, of New Orleans, La., Truman Post Young and John M. Holmes, both of St. Louis, Mo. (Thompson, Mitchell, Thompson & Young, of St. Louis, Mo., and Spencer, Gidiere, Phelps & Dunbar, of New Orleans, La., on the brief), for appellees.

Before FOSTER, Circuit Judge, and HUTCHESON and SIBLEY, District Judges.

FOSTER, Circuit Judge.

Appellee filed a bill in equity to remove a cloud on its title to certain oil and gas leases, to quiet its title thereto, and to enjoin future interference therewith. From a decree granting the relief prayed for this appeal is prosecuted. The contentions of the parties and the facts are extensively reviewed in the opinion of the District Court. Roxana Petroleum Corporation v. Colquitt, 34 F.(2d) 470. We refer to that opinion with approval and very little in addition need be said.

Briefly stated, it appears that Mrs. M. A. Smith, widow of John Monroe, was the owner of a considerable tract of land in Pecos county, Tex., over 21,000 acres, known as the Monroe ranch. She was married to Smith in July, 1917, and thereafter she made oil and gas leases of a large part of the property including those after acquired by appellee. In proceedings in a state court her children alleged that she was insane when she made the conveyances of her land and prayed for the setting aside of the conveyances. Colquitt was appointed receiver of Mrs. Smith's property by the state court and he brought some seventy-odd suits to set aside various conveyances made by her. He did not bring suit against appellee. However, a notice of lis pendens was recorded, as were also two powers of attorney to James Cornell, authorizing him to bring such suits, to compromise claims, and execute new leases. A number of settlements were made in these suits.

In the case at bar a special master was appointed and in due course he filed his report, finding that Mrs. Smith was not non compos mentis at the time...

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6 cases
  • Humble Oil & Refining Co. v. Sun Oil Co., 13312.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • September 20, 1951
    ...v. Marino, 145 Md. 301, 125 A. 701, 36 A.L.R. 692; Roxana Petroleum Corporation v. Colquitt, D.C., 34 F.2d 470, 475; Colquitt v. Roxana Petroleum Corp., 5 Cir., 49 F.2d 1025, certiorari denied 284 U.S. 669, 52 S.Ct. 43, 76 L.Ed. The State's attitude as to Admissions. "Mr. Rice: Your Honor, ......
  • Sun Oil Co. v. Humble Oil & Refining Co.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • January 25, 1950
    ...the State is not an indispensable party, Colquitt v. Roxana Petroleum Co., D.C.Tex., 34 F.2d 470, affirmed with approval, Roxana Petroleum Co. v. Colquitt, 49 F.2d 1025; Tyler v. Stanolind, 5 Cir., 77 F.2d Intervenor says the Court has the power to permit the intervention under Rule 24(b) (......
  • Seeley v. Hunt, 8966.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 2, 1940
    ...moneys which, if he had not made the settlements in their behalf, they would never have obtained * * *. Cf. Colquitt v. Roxana Petroleum Corporation, supra 5 Cir., 49 F.2d 1025." Seeley, et al. v. Cornell et al., 5 Cir., 90 F.2d 562, The complainants assign as error the failure of the court......
  • Daugherty v. Garrett
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • May 11, 1960
    ...Neely v. Neely, Tex.Civ.App., 52 S.W.2d 927; First Nat. Bank of McAllen v. Moore, Tex.Civ.App., 7 S.W.2d 145; Colquitt v. Roxana Petroleum Coproration, 5 Cir., 49 F.2d 1025; 34 Tex.Jur., Quieting Title, Sec. 6; 51 C.J., Quieting Title, Sec. 59; 74 C.J.S. Quieting Title Sec. Daugherty relies......
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