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MONTANA-FRESNO OIL CO. v. POWELL

Docket No. 252.

219 Cal.App.2d 653 (1963)

33 Cal. Rptr. 401

MONTANA-FRESNO OIL COMPANY, Plaintiff and Respondent, v. JEAN MARVIN POWELL, Defendant and Appellant.

Court of Appeals of California, Fifth District.

August 30, 1963.

Attorney(s) appearing for the Case

Vizzard, Baker, Sullivan & McFarland and Jere N. Sullivan for Defendant and Appellant.

Julian P. Beek and Miles, Sears & Franson for Plaintiff and Respondent.

CONLEY, P.J.

Jean Marvin Powell appeals from a decree quieting plaintiff's title to 120 acres of oil land in the Kern River Field as against an oil and gas lease originally executed in her favor by plaintiff. Of a total of 52 defendants, Mrs. Powell is the only one who has not disclaimed, defaulted or failed to appeal; she will be referred to herein as the defendant.

The principal questions to be determined are the meaning of the habendum clause of...

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