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OSAGE OIL & REFINING CO. v. MULBER OIL CO.

No. 218.

43 F.2d 306 (1930)

OSAGE OIL & REFINING CO. et al. v. MULBER OIL CO. et al.

Circuit Court of Appeals, Tenth Circuit.

September 10, 1930.

Attorney(s) appearing for the Case

J. E. Whitehead, of Dallas, Tex., for appellants.

S. K. Sullivan and Neal A. Sullivan, both of Newkirk, Okl., for appellee Mulber Oil Co.

Horace H. Hagan and T. Austin Gavin, both of Tulsa, Okl., for appellee Elm Oil Co.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

Appellants' bill to foreclose a mortgage or claimed vendor's lien on an Osage Indian oil lease covering a quarter section was dismissed on final hearing. Appellant company is a South Dakota corporation. It obtained the lease with the approval of the Secretary of the Interior in January, 1918, and operated it. Early in 1922 it became embarrassed financially and was unable to pay its debts. Its creditors, believing the lease of value, were anxious...

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