FRED J. HOFFMAN, ANNA HOFFMAN, LENA KEMKE, FRED W. KEMKE, MINNIE GOFF and DOROTHY GOFF, Appellants,
v.
SOHIO PETROLEUM CO., INC.; INEZ B. JANZEN; PETROLEUM, INC.; ADOLPH BEREN, I.H. BEREN, H.H. BEREN, Co-Partners, d/b/a OKMAR OIL CO.; ELDA CAROL JANZEN PERKINS; EDWIN JANZEN; MELVIN R. JANZEN; THELBERT JANZEN; R.H. GARVEY; WILLIAM W. GARVEY; JAMES S. GARVEY; OLIVE W. GARVEY; JEAN K. GARVEY; OLIVIA G. LINCOLN; RUTH G. COCHENER, Executrix of the Estate of R.L. Cochener, Deceased; RUTH G. COCHENER; SHIRLEY F. GARVEY; EVE H. JAGER; J.T. ROSS; W.D. FERGUSON; ALBERT FRAHM; C.H. CHALMERS and JOHN T. BORTON, Partners; DAVID JACKMAN, JR.; THE EL DORADO REFINING COMPANY, INC.; T.A. HELLING; GARVEY DRILLING COMPANY, Appellees.
Supreme Court of Kansas.https://leagle.com/images/logo.png
Opinion filed January 28, 1956.
Opinion filed January 28, 1956.
Attorney(s) appearing for the Case
Horace A. Santry, of Salina, argued the cause, and John I. Young, of Salina, was with him on the briefs for the appellants.
George D. Miner, of Ellsworth, argued the cause, and Paul L. Aylward, of Ellsworth, was with him on the briefs for Inez B. Janzen; Elda Carol Janzen Perkins; Edwin Janzen; Melvin R. Janzen; and Thelbert Janzen, Appellees.
K.W. Pringle, Jr., of Wichita, argued the cause, and George B. Collins. Oliver H. Hughes, Robert Martin and W.F. Schell, all of Wichita, were with him on the briefs for Sohio Petroleum Co., Inc.; Petroleum, Inc.; R.H. Garvey William W. Garvey; James S. Garvey; Olive W. Garvey; Jean K. Garvey; Olivia G. Lincoln; Ruth G. Cochener, Executrix of the Estate of R.L. Cochener, Deceased; Ruth G. Cochener; Shirley F. Garvey; Eve H. Jager; J.T. Ross; W.D. Ferguson; Albert Frahm; C.H. Chalmers and John T. Borton, Partners; David Jackman, Jr.; and Garvey Drilling Company, Appellees.
Lael Alkire, of the firm of Yankey, Alkire, McClintock, Clausing and Coldsnow of Wichita, argued the cause for Adolph Beren, I.H. Beren, H.H. Beren, Co-Partners, d/b/a Okmar Oil Co., Appellees.
Walker W. Smith, of El Dorado, represented The El Dorado Refining Company, Inc., and T.A. Helling, Appellees.
Supreme Court of Kansas.
The opinion of the court was delivered by
PARKER, J.:
In this action, under pleadings not in controversy but joining issue on all questions pertinent thereto, judgment was rendered adjudicating the past, present and future rights of the parties to the landowners' royalty payable under the terms of a basic oil and gas lease covering two quarter sections of real estate, which had been sold in two separate tracts to different purchasers after the execution of...
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