WAGNER v. SUNRAY MID-CONTINENT OIL CO.

No. 40,671

182 Kan. 81 (1957)

318 P.2d 1039

EMMA WAGNER, ARLYN R. MILLER, HOWARD WAGNER, and PHILLIP DALE WAGNER, Appellees, v. SUNRAY MID-CONTINENT OIL COMPANY, Successor to Mid-Continent Petroleum Corporation; L.W. SCHNEIDER and H.R. WOODWARD, Appellants.

Supreme Court of Kansas.

Opinion filed December 7, 1957.


Attorney(s) appearing for the Case

John F. Curran, of Tulsa, Oklahoma, and Hugh P. Quinn, of Wichita, argued the cause, and M. Darwin Kirk, of Tulsa, Oklahoma, Vincent G. Fleming, of Larned, W. Getto McDonald, William Tinker, Arthur W. Skaer, William Porter and John Lancelot, all of Wichita, were with them on the briefs for appellants.

Harry E. Robbins, Jr., of Wichita, argued the cause, and Ora D. McClellan, Gerald L. Michaud, Carol V. Creitz, John B. Wooley, Dan J. Skubitz, all of Wichita, and Ray McCombs, of Ness City, were with him on the briefs for appellees.


The opinion of the court was delivered by

FATZER, J.:

This was an action to quiet title to real estate in Rush County, Kansas. The question presented is whether the cessation of production of oil from the property on September 30, 1953, following the expiration of the primary term of the mineral interests involved, was a permanent cessation of production causing a reversion of those interests to the original grantors pursuant to the terms of two mineral deeds...

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