(Download) "Brack v. Mcdowell" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Brack v. Mcdowell
- Author : Supreme Court of Kansas
- Release Date : January 25, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by This was an action by Sam H. Brack to quiet title to the
mineral interest in real estate in Butler County, Kansas, and to
cancel an oil and gas lease and various assignments of oil and
gas interests, or in the alternative, for a partition of the
mineral interest. The lessee disclaimed any interest in the
property, and the owners in fee of the "surface" of the real
estate, Earl E. Strimple and Ann Davis Strimple his wife, by
settlement with the owner of the mineral interest became aligned
with him to quiet title. Other defendants (appellants) are the
heirs, and assert themselves to be the successors in interest of
the original assignees and the owners of an instrument entitled
"Assignment of Royalties and Agreement" (assignment agreement),
and claim to own the oil and gas lease in question and to have
the right to proceed within a reasonable time to carry out its
provisions. Trial was by the court, which rendered judgment
quieting title to the mineral interest in Brack and title to the
"surface" of the real estate in the defendants Strimple, and
canceled the assignment agreement and various other oil and gas
instruments. Following the overruling of their motion for a new
trial, the defendants have appealed. The facts are not in dispute, and the action proceeded to trial
on the pleadings and stipulations of the parties, the pertinent
parts
[182 Kan. 370]