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HOME ROYALTY ASS'N v. STONE

No. 4472.

199 F.2d 650 (1952)

HOME ROYALTY ASS'N, Inc. v. STONE et al.

United States Court of Appeals Tenth Circuit.

October 31, 1952.

Attorney(s) appearing for the Case

Jack N. Hays, Tulsa, Okl. (Eugene O. Monnet, G. Ellis Gable, and Charles P. Gotwals, Jr., Tulsa, Okl., and Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., on the brief), for appellant.

Bert J. Vance, Garden City, Kan. (Hutchinson, Vance, Hope & Fleming, Garden City, Kan., on the brief), for appellees.

Before BRATTON, MURRAH, and PICKETT, Circuit Judges.

BRATTON, Circuit Judge.

This was an action instituted by Elmer A. Stone and Hattie V. Stone against Home Royalty Association, Inc., to quiet title to a described tract of land in Finney County, Kansas. By answer, the defendant pleaded that it was the owner of an undivided one-half interest in and to the oil, gas, casinghead gas, and other minerals in the land; and by counterclaim, it sought to quiet title to such mineral interest.

The facts were stipulated...

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