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KIMBARK EXPLORATION CO. v. VON LINTEL

No. 43,588

192 Kan. 791 (1964)

391 P.2d 55

KIMBARK EXPLORATION COMPANY, a corporation, Appellee, v. CLEMENTINA VON LINTEL, a widow, Appellee, and NORBERT VON LINTEL and ____ VON LINTEL, his wife; ANGELIA RICHMEIER and B.J. RICHMEIER, her husband, et al., Appellants.

Supreme Court of Kansas.

Opinion filed April 11, 1964.

Attorney(s) appearing for the Case

Edward Larson, of Hays, argued the cause, and Norman W. Jeter, of Hays, appeared with him on the briefs for the appellants.

F.F. Wasinger, of Hays, argued the cause, and appeared on the briefs for the appellee, Clementina Von Lintel.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a decree in a declaratory judgment action. The action sought a determination of the proper distribution of the landowner's one-eighth royalty, under a producing oil and gas lease, as between a life tenant and the remaindermen.

Neither the facts nor the issues are in dispute. They may be briefly stated.

Henry Von Lintel owned the Northeast Quarter (NE/4) of Section...

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