280 P. 433 | Okla. | 1929
Herein is sought a writ of mandamus to compel the respondent, district judge of Logan county, to enter judgment for the Devonian Oil Company and against A. L. Brown pursuant to an opinion and mandate of this court.
An alternative writ was granted June 25, 1928. Brown, in the year 1926, sued the Devonian Oil Company in the district court of Logan county, seeking to cancel an oil and gas lease and damages. The trial court entered judgment in favor of Brown, canceling the lease. An appeal was lodged in the Supreme Court, and on October 4, 1927, this court reversed and remanded the cause (
Section 801, C. O. S. 1921, provides:
"When a judgment or final order shall be reversed on appeal, either in whole or in part, the court reversing the same shall proceed to render such judgment as the court below should have rendered, or remand the cause to the court below for suchjudgment." Beams v. Young,
The clerk of this court is directed to issue the writ of mandamus to the Honorable Charles C. Smith, district judge of Logan county, and therein direct him to enter judgment in cause 5166, district court of Logan county, styled "A.D. Brown v. Devonian Oil Company, a Corporation," pursuant to the mandate of the Supreme Court of the state of Oklahoma: (a) Vacating the judgment of said district court in favor of said A. L. Brown, entered by said court January 15, 1927; and (b) enter judgment, declaring the defendant in said cause 5166 to be the sole owner of an oil and gas mining lease described as N. 1/2 of N.E. 1/4 of section 22, twp. 18N, range 4 west, Logan county, Okla., quieting title of said Devonian Oil Company to said oil and gas mining lease; and (c) decreeing the said Devonian Oil Company to have and recover its cost expended in such sum as said court finds under the law to be just.
MASON, C. J., LESTER, V. C. J., and CLARK, HEFNER, CULLISON, and ANDREWS JJ., concur.
HUNT and SWINDALL, JJ., absent, not participating. *91