A Treatise On Petroleum And Natural And Manufactured Gases
A Treatise On Petroleum And Natural And Manufactured Gases
Daniel Douglas Donahue
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, 104 Fed. R. , 20. 236 When a Settler Acquires no Title to Minerals. the injunction will be continued until the land depart- ment will determine whether or not the land will be awarded to the settler as agriculture land. The settler's right to the land as agriculture land will not be barred, for the reason that the land was located where oil had been produced. 1 A suit in equity to quiet title and for an injunction and a receiver will not lie where a person who had acquired a patent to land wi...thin a forest reser- vation g'ave up his claim to such land and selected land which was most valuable for mineral purposes, as agri- culture land, and the answer to the bill of complaint set up that the defendants discovered on the land sands and shale containing a residuum of petroleum and bituminous matter and a strata of oil bearing sands, and in a quan- tity as would lead any practical miner to make further development thereof, and did lead them to do so, and that the location was marked and staked, and that large quantities of oil were produced from wells on the land, and that the locators had been in open and peaceable pos- session of the land for some time previous to the selec- tion made by the complainant.
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