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SEGELKE v. KILMER

No. 19019.

360 P.2d 423 (1961)

Frederick W. SEGELKE, Plaintiff in Error, v. Glenn E. KILMER, Bessie Kilmer, Cecil Nicholson, The Ohio Oil Company, R. L. Carruthers, Charles S. Lavington, John R. Moran, F. H. Gower, Fred Goodstein, Harold D. Writer, Herbert A. Writer, Russell M. Writer, Clarence E. Manion, Vern H. Simmons, Jack Rouse, Max L. Krueger, The Denver National Bank of Denver, Colorado, Trigood Oil Company, The Federal Land Bank of Wichita, Wichita, Kansas, The Carter Oil Company, Paul Long and Ruth Nicholson, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied April 3, 1961.

Attorney(s) appearing for the Case

Haffke & Johnson, Fort Morgan, Fred M. Winner, Warren O. Martin, Denver, for plaintiff in error.

Sandhouse & Sandhouse, Sterling, for defendants in error Glenn E. Kilmer and Bessie Kilmer.

Moran, Reidy & Voorhees, Denver, for defendants in error Max L. Krueger and others.

McWILLIAMS, Justice.

Prior to April 18, 1944 Bessie Kilmer, who was plaintiff in the trial court, owned 326 acres of unencumbered farm land situated in Logan County, State of Colorado. On that date she entered into an oil and gas lease with The Ohio Oil Company covering the entire 326 acres. This lease was for a term of ten years, and provided, inter alia, that the lessee should pay the lessor the proceeds from one-eighth (1/8) of all oil and gas produced and sold...

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