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ROBERTSON v. LEMMON

Nos. 42,664 and 42,783 (Consolidated)

189 Kan. 619 (1962)

371 P.2d 175

JOHN J. ROBERTSON; E.A. SMITH; SHERMAN E. SMITH; MAX V. SCHRIER; EVERETT N. MITCHELL; CHARLES V. DARNALL; WALTER E. DARNALL; LEWIS WOODARD and MAY WOODARD, his wife; BEN J. FUNK and LORA B. FUNK, his wife, Appellees, v. MARGARET LEMMON; PAULINE JACK; WILLIAM F. JACK and LENA CLAIRE JACK, his wife, Appellants.

Supreme Court of Kansas.

Opinion filed May 5, 1962.

Attorney(s) appearing for the Case

A.R. Lamb, of Coffeyville, argued the cause, and Paul A. Lamb, of Coffeyville, was with him on the briefs for the appellants.

Gerald Cauldwell, of Sedan, argued the cause and was on the briefs for the appellees, Ben J. Funk and Lora B. Funk.

John M. Wall, of Sedan, argued the cause and was on the briefs for the appellees, Lewis Woodard and Mary Woodard.

The opinion of the court was delivered by

PARKER, C.J.:

This is an action brought by the owners of an oil and gas lease to determine the owners of the mineral interests in certain real estate, and the ownership of the one-eighth royalty interest due and payable under the terms of such lease.

The petition alleged in substance that plaintiffs are the owners of an oil and gas lease on the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of...

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