De Graffenreid v. Yount-Lee Oil Co.
| Decision Date | 15 February 1929 |
| Docket Number | No. 5499.,5499. |
| Citation | 30 F.2d 574 |
| Parties | DE GRAFFENREID v. YOUNT-LEE OIL CO. et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
R. H. Ward, of Houston, Tex., for appellant.
Beeman Strong, R. E. Masterson, and Will E. Orgain, all of Beaumont, Tex., and H. E. Kahn, of Houston, Tex. (Beeman Strong, E. L. Nall, J. L. C. McFaddin, R. E. Masterson, and Orgain & Carroll, all of Beaumont, Tex., on the brief), for appellees.
Before WALKER, BRYAN, and FOSTER, Circuit Judges.
The appellant, a citizen of New York, filed in the court below her bill in equity, against Yount-Lee Oil Company, a Texas corporation, sundry individuals who are citizens of Texas, and other individuals who, respectively, are citizens of Oklahoma, Louisiana, and Arkansas. There was no claim that the court had jurisdiction on a ground other than diversity of citizenship. The bill contained allegations to the following effect: Plaintiff is the owner of a stated undivided interest, of a value in excess of $3,000, in described land and oil therein or extracted therefrom. The Yount-Lee Oil Company owns a stated undivided interest in that land and oil therein, is in possession of that land, claiming to be the sole owner thereof and of the oil therefrom, and has committed waste by taking oil from that land and converting the oil to its own use. The individual defendants own stated undivided interests in that land and the oil therefrom. The plaintiff concedes that the interests in said land and oil therefrom of named individual defendants who are citizens of Texas are as those individual defendants claim their interests to be, and that there is no controversy between plaintiff and such named individual defendants as to the interests in said land and oil therefrom of plaintiff and those individual defendants.
The bill contained prayers to the effect that plaintiff be decreed to be the owner of her alleged interest in said land, and in the oil produced and taken therefrom by Yount-Lee Oil Company, and the following: "That there be a decree determining the interest of each and all of the defendants herein as well as the said interests of plaintiff in the land in controversy, and the oil taken therefrom by any of the defendants, and that an accounting be had, by and between all the parties to this suit, and that for this purpose said accounting be referred, if it meets the approval of this Court, to a Master in Chancery, or Auditor, giving and vesting in such persons all the power and authority of such persons agreeable to the customs and procedure of the Court in such matters."
By an answer filed the same day the bill was filed, individual defendants who are citizens of Texas admitted all allegations of the bill, and joined in the bill's prayers for relief. Separate motions to dismiss the bill were filed by Yount-Lee Oil Company and by some of the individual defendants. Those motions were based upon the ground, among others, that the bill upon its face shows that some of the individual defendants named therein who are citizens of Texas are claiming interests in the...
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...Allen-West Commission Co. v. Brashear, C.C., 176 F. 119; Lindauer v. Compania Palomas, etc., 8 Cir., 247 F. 428; De Graffenreid v. Yount-Lee Oil Co., 5 Cir., 30 F.2d 574. 2 In addition to the cases cited in the text, see Removal Cases, 100 U.S. 457, 468, 470, 25 L.Ed. 593; Pacific R. Co. v.......
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Jordan v. Marks
...v. Hopper, supra; Edwards v. Glasscock, 5 Cir., 91 F.2d 625, 627; Indianapolis v. Chase National Bank, supra; De Graffenreid v. Yount-Lee Oil Co., 5 Cir., 30 F.2d 574, 575; Lee v. Lehigh Valley Coal Co., 267 U.S. 542, 543, 45 S. Ct. 385, 69 L.Ed. 782, It follows therefore that the motion to......
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...controversy. It follows from so aligning the parties that his sole controversy is with citizens of his own state. DeGraffenreid v. Yount-Lee Oil Company, 5 Cir., 30 F.2d 574; Magnolia Petroleum Company v. Suits, 10 Cir., 40 F.2d 161. The court below properly dismissed appellant's cross-clai......
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...controversy. It follows from so aligning the parties that his sole controversy is with citizens of his own state. De Graffenreid v. Yunt-Lee Oil Company, 5 Cir., 30 F.2d 574; Magnolia Petroleum Company v. Suits, 10 Cir., 40 F.2d 161. The court below properly dismissed appellant's cross-clai......