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MURFIN DRILLING CO. v. POE

No. 43,247

191 Kan. 637 (1963)

383 P.2d 972

MURFIN DRILLING COMPANY, a Partnership composed of I.W. MURFIN; FRED MURFIN; and W.R. MURFIN, Appellees, v. EMMA PRATHER POE, Appellant, and M.R. WATERS; BERT YOUNG; HOMER HUNTZINGER; THE FOURTH NATIONAL BANK AND TRUST COMPANY, Wichita, Kansas; COLORADO NATIONAL BANK of Denver; ATLAS OIL CO., INC., RALPH L. HINNEN; THE SECURITY NATIONAL BANK of Kansas City; SOCONY OIL COMPANY; and JAMES SHEWMAKER, Receiver, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1963.

Attorney(s) appearing for the Case

George Stallwitz, of Wichita, argued the cause, and W.F. Lilleston, George C. Spradling, Henry V. Gott, Ralph M. Hope, Richard W. Stavely, Charles S. Lindberg, and Ronald M. Gott, all of Wichita, were with him on the briefs for appellant.

Laverne Morin, of Wichita, argued the cause, and George B. Collins, Oliver H. Hughes, Robert Martin, K.W. Pringle, Jr., W.F. Schell, and Robert M. Collins, all of Wichita, were with him on the briefs for appellees, Murfin Drilling Company, a partnership composed of I.W. Murfin, Fred Murfin and W.R. Murfin.

Thomas C. Forbes, Harold G. Forbes, and George Forbes, all of Eureka, were on the briefs for appellee, Bert Young.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from an order of partition by sale of the working interest in two unitized oil and gas leases.

The order was issued on the pleadings and motions to be presently noted. The disputed issues were reserved for future trial without prejudice to the rights of any of the cotenants because of the partition order.

The general facts as disclosed by the pleadings are stated in the...

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