Public-domain · open source
OpenJurist
← 78 CALAPP2D 136 - Barnard v. Jamison

Barnard v. Jamison’s Empirical Analysis

1947

Citation profile

8
cited by 8 later decisions
1
states following
April 1957
most recently cited

8 state decisions

Relationships

Relies on 3 Cal. 2d 110 - Callahan v. Martin · 20 Cal. 2d 814 - Tanner v. Title Insurance & Trust Co. · Austin v. Hallmark Oil Co. · Dabney v. Edwards · La Laguna Ranch Co. v. Dodge

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “This is a clear grant of 2 per cent of all the hydrocarbons in the described property with that interest only chargeable with taxes and other deductions provided for in the leases. The only deductions permitted in the two leases, other than taxes, are oil and gas used in lessees' operations and a percentage of casing head gasoline if any be produced. The provision that the grantees shall be entitled to receive the full 2 per cent of all hydrocarbons produced is clear and explicit and is not subject to interpretation. The final clause to the effect that the grantees shall be entitled to receive their proportionate share of all cash, oil bonuses and rentals for delayed drilling, and any other considerations paid by any lessee, is also clear when construed with the rest of the deed, for the only proportionate share of the grantees, set forth in the deed, is the full 2 per cent of all hydrocarbons 'in and under and that may be produced, saved and sold or removed' from the leased land.”
    1 later decision quote this exact passage
  2. “It is also expressly provided that Grantee herein at all times and under any such Oil and Gas Lease shall be entitled to receive and shall be paid said full Two Percent (2%) of all the oil, gas and other hydrocarbon substances hereby conveyed to Grantee, and Grantee's Proportionate share of all cash and oil bonuses, rentals for delayed drilling, and other considerations paid by any such Lessee.”
    1 later decision quote this exact passage
  3. “of all oil, gas, other hydrocarbon substances, and other minerals in and under and that may be produced, saved and sold or removed from”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.