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KENOYER v. MAGNOLIA PETROLEUM CO.

No. 38,644

173 Kan. 183 (1952)

245 P.2d 176

W.R. KENOYER (Revived in the name of ROBERTA KENOYER, Executrix of the Estate of W.R. Kenoyer, Deceased), Appellant, v. MAGNOLIA PETROLEUM COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed June 7, 1952.

Attorney(s) appearing for the Case

Charles Vance, of Liberal, argued the cause, and J.S. Brollier, of Hugoton, and H. Hobble, Jr., and Chester A. Nordling, both of Liberal, were with him on the briefs for the appellant.

George C. Spradling, of Wichita, argued the cause, and W.F. Lilleston, Henry V. Gott and George Stallwitz, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This was an action by a landowner for an accounting of his royalty from a gas well drilled by defendant company. Plaintiff claims his royalty to be 1/8 and defendant contends it is 1/32. From a judgment in favor of defendant the plaintiff has appealed.

The facts, which are not in dispute, are:

On December 9, 1940, the Federal Farm Mortgage Corporation was the owner in fee simple of two quarter...

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