Vincent v. Cooper

• Decision Date: 31 January 1946
• Docket Number: 2781.
• Citation: 24 So.2d 503
• Court: Court of Appeal of Louisiana — District of US
• Parties: VINCENT v. COOPER et al.

24 So.2d 503

VINCENT v. COOPER et al.

No. 2781.

Court of Appeals of Louisiana, First Circuit

January 31, 1946

Rehearing Denied March 11, 1946.

Elsie M. Whitman, of Lake Charles, for defendant Sam H Dunham.

Brumfield & Hebert, of Baton Rouge, for Commonwealth Exploration & Drilling Co., Inc., Third Opponent.

Cline Thompson, Lawes & Cavanaugh, of Lake Charles, for plaintiff and intervenors.

LE BLANC Judge.

Murl Vincent doing business as Murl Vincent Trucking Service, initiated this proceeding by having seized an oil lease as well as the well itself, drilling equipment, machinery and all structures and appurtenances attached thereto for the drilling and operation of the lease, on a certain tract of land in Township 8, South, Range 10 West, situated in the Parish of Calcasieu, the project being known as W. H. Cooper et al. No. 1.

In his petition for a writ of provisional seizure, he alleged that during the month of June, 1944, at the request of the said Cooper and one Sam H. Dunham, he moved by truck certain drilling equipment from a location which is not described, to the location of the well known as W. H. Cooper et als. No. 1 and rendered further service in connection with setting up the rig and cleaning the rig floor. He also alleges that the trucking of the said rig as well as the other services rendered were in connection with the drilling of a well for oil, gas and other minerals on the property already referred to and which is described in detail in his petition. He does not itemize his demand but alleges that the said W. H. Cooper and Sam H. Dunham are indebted to him, in solido, in the sum of $1105 with interest at five per cent from January 28, 1944, for the services rendered by him.

He then alleges that as furnisher of trucking and other services, all in connection with the drilling of said well, he has a lien and privilege on the well, on the lease on which it is located and on all the drilling rig, machinery, appurtenances, etc., thereto attached for the drilling, equipment and operation of such well or lease, all as provided for by certain statutes of the State of Louisiana which are referred to in his petition.

He made the necessary allegations and affidavits to obtain an order for a writ of provisional seizure and prayed for judgment against W. H. Cooper, an absentee, through a curator ad hoc, and against Sam H. Dunham, jointly and in solido, for the full amount of his demand with interest, and for enforcement of the lien and privilege which he claims.

Upon seizure of the property by the Sheriff, Commonwealth Exploration & Drilling Company, Inc., alleging itself to be a Louisiana corporation domiciled at Baton Rouge, in the Parish of East Baton Rouge, Louisiana, appeared by motion and, claiming to be the owner of the drilling equipment which had been seized, against which there were also laborers' liens filed and recorded to the amount of $2206, asked to have the said property released on bond, and, in lieu of a bond proposed to deposit the sum of $4561.31 in cash, in the Registry of the District Court of Calcasieu Parish, which sum would fully cover all the claims, together with attorneys' fees and costs which could be recovered against the said property. The court granted an order permitting the bonding of the property and accepted the cash deposit proffered in lieu of a formal bond.

It is important to note at this time that there are two corporations bearing the almost identical names of Commonwealth Exploration & Drilling Company, Inc., the only difference being that one spells the word 'Company' in full and the other abbreviates it in the usual from 'Co.' The corporation using the word 'Company' in its title, is domiciled in the City of Covington, Parish of St. Tammany, whereas the one using the abbreviation 'Co.' is domiciled in the City of Baton Rouge, Parish of East Baton Rouge. We say that it is important to note this matter for the reason that in the motion to bond the seizure, we find the first appearance of either company by pleading, and there it appears that it is the Commonwealth Exploration & Drilling Company, Inc., which claims to be the owner of the property seized. This discrepancy was the cause of a ruling on the part of the lower court which is one of the serious complaints urged on this appeal as under that ruling the Commonwealth Exploration & Drilling Co., Inc., was not permitted to offer testimony under its claim of ownership. Besides, that same corporation asked for and was granted an appeal from an adverse judgment, which appeal, is also made the subject of a motion to dismiss on the part of the plaintiff.

Shortly before the motion to bond the seizure had been filed, Sam H. Dunham had also appeared in court, represented by the same attorneys who filed the motion to bond the seizure on the part of the Commonwealth Exploration & Drilling Company, Inc., and represented to the court that for the reason that the said attorneys represented both parties he had not had time to prepare the pleadings in defense to the action taken and was granted an extension of thirty days within which to do so. Shortly after the expiration of that period, through the same attorneys, and joined by a local attorney of the City of Lake Charles, Dunham appeared and filed an exception of no cause and no right of action and also an exception of vagueness. On the same day the same local attorney who had been appointed as curator ad hoc to the defendant W. H. Cooper filed an answer which generally put at issue all of the allegations set out in the petition of the plaintiff.

Thereafter some ten laborers who claimed to have performed work and labor in the drilling of the well, and who had filed liens in the mortgage records of the Parish, each appeared by intervention and third opposition and prayed for judgment in the amount of their respective claims against the defendants Dunham and Cooper, and asked for recognition of their said liens. The petition and claim of each is as follows: A. T. Manard who claims the sum of $340; Ernest E. Luttrell who also claims $340; Adolph J. Lopez who claims the sum of $510; Avery Perkins who claims the sum of $340; A. W. Ash who claims the sum of $204; Guy Dow who claims the sum of $120; W. C. Bruce who claims the sum of $16; Wilbur Patin who claims the sum of $136; Clyde Chesson who claims the sum of $136; A. M. Chauvin who claims the sum of $64. Each of these interventions was put at issue, first by an exception and then by an answer filed on behalf of the defendant Dunham and the curator ad hoc of the defendant W. H. Cooper.

Subsequently Commonwealth Exploration & Drilling Company, Inc. filed a formal petition of intervention and third opposition claiming to be the true and lawful owner of the derrick, drilling equipment and machinery situated on the lease and alleged that Dunham and Cooper and others had removed the said derrick and oil drilling equipment and used the same, or attempted to use the same without its knowledge, consent or permission or that of any of its duly authorized agents; that it has never acquiesced in the use of its property by the said Dunham and Cooper and that M. P. Planche, its president, had full power and attorney to act for and on behalf of the corporation and that he has never permitted, acquiesced or consented to the use of the property by the said parties. It then alleges that it has suffered damages by the loss and use of the said equipment and also by the loss and use of the cash money which it had put up in lieu of a bond and that it is entitled to recover the sum of $5000. It also alleges that it has been necessary for it to employ attorneys to recover its property and is entitled to recover the further sum of $1000 as attorneys' fees. It accordingly prays for judgment against Dunham and against the curator for W. H. Cooper as well as against Murl Vincent, the plaintiff, declaring the writ under which its property was provisionally seized to be null and void and also for judgment in the sum of $6000 against the said Murl Vincent. It prays also that the clerk of court be ordered to refund the amount of cash deposited by it in lieu of the bond and that all of the laborers who had filed interventions be served with copies of its third opposition through their counsel of record. Prior to the filing of this petition of intervention and third opposition the firm of Brumfield & Hebert, attorneys, representing Commonwealth Exploration & Drilling Company, Inc., had filed a motion in which they represented to the court that they also were associated as attorneys for the defendant Sam H. Dunham, and in view of the conflict of interest which now arose between their clients and the said Dunham, they found it necessary to withdraw as associate counsel for the latter, and by order of court they were permitted to do so.

The petition of intervention and third opposition of the Commonwealth Exploration & Drilling Company, Inc., was put at issue by answer on the part of Murl Vincent, the plaintiff, and each and everyone of the laborers who had intervened. Dunham also filed answer to the petition of intervention of each of the said laborers in which he generally denied the allegations made by them and in answer to the petition of intervention of Commonwealth Exploration & Drilling Company, Inc. admitted that M. P. Planche who was the duly authorized president of that company had full power of attorney on its behalf to grant permission for the use of the drilling rig and equipment and that he (Dunham) did not have such permission, consent and acquiescence. The curator ad hoc of the defendant, W. H. Cooper, filed an answer to the petition of intervention of the Commonwealth Exploration & Drilling Company, Inc., along the same lines as...