BAKER v. HUGOTON PRODUCTION CO.

No. 40,382

181 Kan. 214 (1957)

310 P.2d 889

E.V. BAKER, Appellant, v. THE HUGOTON PRODUCTION COMPANY, a Corporation, and A.V. YOUNGREN and GLADYS YOUNGREN, Appellees.

Supreme Court of Kansas.

Opinion filed May 11, 1957.


Attorney(s) appearing for the Case

Dale M. Stucky, of Wichita, argued the cause, and A.E. Kramer and Bernard E. Nordling, both of Hugoton, and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Theodore C. Geisert and Philip Kassebaum, all of Wichita, were with him on the briefs for the appellant.

J.S. Brollier, of Hugoton, argued the cause, and Paul A. Wolf, of Hugoton, was with him on the briefs for A.V. Youngren and Gladys Youngren, appellees. Ray H. Calihan, Logan N. Green, Daniel R. Hopkins and Ray H. Calihan, Jr., all of Garden City, were on the briefs for The Hugoton Production Company, appellee.


The opinion of the court was delivered by

PRICE, J.:

The question in this case involves the construction of a written instrument designated as "Sale of Oil and Gas Royalty."

More specifically, the basic question is whether production on a part of the 3630 acres covered by the instrument during its primary term perpetuated or extended the grantee's interest as to 680 acres included therein on which there was no development or production until after...

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