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CHRISTIANSEN v. VIRGINIA DRILLING CO.

No. 38,116

170 Kan. 355 (1951)

226 P.2d 263

REYNOLDS CURTIS CHRISTIANSEN, LEONARD EARL CHRISTIANSEN, MELVIN CHARLES CHRISTIANSEN, HENRY LANGREHR, FERN ALBERTA NOLTE, THELMA MAE LANGREHR, a minor, by and through her father, natural guardian, and next friend, Henry Langrehr, PATRICIA JOAN APPEL, a minor, by and through her father, natural guardian, and next friend, Ben Appel, DORA CHRISTIANSEN, and JOSEPHINE BURRHENN, Appellants, v. VIRGINIA DRILLING COMPANY, INC., a corporation; MAGNOLIA PETROLEUM COMPANY, a corporation; and SAM MURPHY, Appellees.

Supreme Court of Kansas.

Opinion filed January 6, 1951.

Attorney(s) appearing for the Case

Charles E. Jones, of Wichita, argued the cause, and Everett Garvin and Morris Garvin, both of St. John, Mark H. Adams, William I. Robinson, J. Ashford Manka, and Addison I. West, all of Wichita, were with him on the briefs for the appellants.

George B. Collins, of Wichita, argued the cause, and C.L. Williams, O.H. Hughes, and W.R. Martin, also of Wichita, were with him on the briefs for appellees Virginia Drilling Company, Inc., and Sam Murphy, and W.F. Lilleston, George C. Spradling, Henry V. Gott, and George Stallwitz, all of Wichita, were on the briefs for appellee Magnolia Petroleum Company.

The opinion of the court was delivered by

KAGEY, J.:

This is an action for damages for trespass to real estate. The lower court sustained defendants' motions for judgment on the pleadings, which were by the court and parties to the action treated as demurrers; hence this appeal.

Briefly, the facts as admitted by the parties are as follows: Appellants are the owners, as tenants in common, of the east half of section 15, township 21 S, range 12 W of...

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