South Penn Oil Co. v. Calf Creek Oil & Gas Co.

Citations

• 140 F. 507
• 1905 U.S. App. LEXIS 4810

Syllabus

<p>1. Equity Jurisdiction — Multiplicity of Suits — Adequacy of Legal Remedy.</p> <p>Where two actions at law were pending against the same defendant to recover damages for the taking of oil from a tract of land — one action by the owner of the land, and the other by a lessee under an oil and gas lease — and the rlgnts of the respective plaintiffs in the oil as between themselves are uncertain under the lease, the facts are complicated, and the-defense to both actions consists in part of an estoppel by acts in pais, equity has jurisdiction of a suit by the defendant therein against both-plaintiffs to determine the entire controversy, both on the ground of' avoiding- a multiplicity of suits and because estoppels constitute a part of the substantive law of property and contracts, which it is peculiarly the province of equity to administer.</p> <p>[Ed. Note. — For cases in point, see vol. 19, Cent. Dig. Equity, §§' 167— 171.J</p> <p>2. Courts — Federal Courts — Jurisdiction—Ancillary Suit.</p> <p>A suit in equity in a federal court to enjoin the further prosecution of actions pending in said court, of which it has jurisdiction by reason of diversity of citizenship of the parties, and to enable the complainant to-make his defense to such actions, is ancillary thereto and within the jurisdiction of the court, without regard to the citizenship of panties-joined as defendants.</p> <p>[Ed. Note. — For cases in point, see vol. 18, Cent. Dig. Courts, § 801.]</p> <p>3. Equity Pleading — Multifariousness oe Bill.</p> <p>A bill to enjoin the further prosecution of two actions at law against the complainant, which involve the same indivisible subject-matter, is-not multifarious because the claims of the two plaintiffs in said actions-are separate and distinct.</p> <p>[Ed. Note. — For eases in point, see vol. 19, Cent. Dig. Equity, § 368.]</p> <p>4. Railroads — Grant of Right op Way — Construction.</p> <p>A contract made by a landowner granting to a railroad company “the-full and