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WHELAN v. NEW MEXICO WESTERN OIL AND GAS COMPANY

No. 5083.

226 F.2d 156 (1955)

Mark WHELAN, Appellant, v. NEW MEXICO WESTERN OIL and GAS COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

August 26, 1955.

Attorney(s) appearing for the Case

Harry O. Morris and G. W. Hannett, Albuquerque, N. M. (A. T. Hannett and W. S. Lindamood, Albuquerque, N. M., on the brief), for appellant.

Thomas R. Hartnett, III, Dallas, Tex. (Seth & Montgomery, A. K. Montgomery, Santa Fe, N. M., Turner, White, Atwood, McLane & Francis, Dallas, Tex., on the brief), for appellee.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

This was an action instituted by New Mexico Western Oil and Gas Company against Mark Whelan to remove cloud from title and to recover damages for slander of title. The complaint was in two counts. It was alleged in the first count that plaintiff owned and possessed the working and other interests in, to, and under oil and gas leases executed by appropriate officers on behalf of the United States and the State of New Mexico covering approximately...

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