by George Sutherland

“ The decision of the Circuit Court of Appeals seems to have proceeded from the standpoint that one who continues in possession of lands, originally taken in good faith, after judgment against him, may not have the advantage of the good faith of his original entry to enable him to offset his expenditures against the value of the oil extracted after judgment pending proceedings on appeal. ”

“ If the production costs had been less than, or equal to, the value of the oil extracted prior to January 1, 1918, they would have been absorbed as credits. But they exceeded this value, and it was impossible on the first accounting to give defendants the benefit of the excess, since such costs could be utilized only by way of recoupment and not as the basis of an independent claim. ”

“ The instruction for further proceedings not inconsistent with the opinion, therefore, was equivalent to a direction to render judgment for the net value-that is, for the exact sums set forth in the stipulations. ”