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RUSSELL v. TEXAS COMPANY

No. 14983.

238 F.2d 636 (1956)

Theodore B. RUSSELL, Appellant, v. The TEXAS COMPANY, a corporation, Frederick T. Manning Drilling Company, a corporation, and The Northern Pacific Railway Company, a corporation, Appellees. The TEXAS COMPANY, a corporation, Appellant, v. Theodore B. RUSSELL, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 21, 1957.

Attorney(s) appearing for the Case

Ralph J. Anderson, Stanley P. Sorenson, Helena, Mont., J. R. Vaughn, Los Angeles, Cal., for appellant.

H. J. Coleman, Cale Crowley, Coleman, Jameson & Lamey, Billings, Mont., Walter Will, Denver, Colo., for appellee and cross appellant, The Texas Co.

Cale Crowley, H. J. Coleman, Coleman, Jameson & Lamey, Billings, Mont., M. L. Countryman, Jr., St. Paul, Minn., Robert P. Davidson, Billings, Mont., for appellee, Northern P. Ry. Co.

Before STEPHENS and BONE, Circuit Judges, and HALBERT, District Judge.

HALBERT, District Judge.

Plaintiff-appellant, Russell, claims title to certain real property, which will be referred to in this opinion as section 23. Russell's predecessors in interest acquired their interest in this property from the Northern Pacific Railway Company, defendant-appellee herein, through a contract followed by a warranty deed executed in 1918. In both the contract and the deed was a reservation of mineral rights by the grantor.1<...

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