DECKER v. JONES

No. 43,810

194 Kan. 146 (1965)

398 P.2d 325

DWIGHT DECKER, Appellant, v. FRANK JONES, Appellee.

Supreme Court of Kansas.

Opinion filed January 23, 1965.


Attorney(s) appearing for the Case

Archie T. MacDonald, of McPherson, argued the cause, and Paul L. Aylward, of Ellsworth, was with him on the briefs for the appellant.

John K. Bremyer, of McPherson, argued the cause, and Dick Roland Jones, of McPherson, was with him on the brief for the appellee.


The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the trial court's order sustaining a demurrer to plaintiff's amended petition in a damage action for failure of defendant, the lessee, to remove debris from his abandoned oil and gas leasehold (under G.S. 1961 Supp., 55-132a) on land now owned by plaintiff in fee simple title.

On March 8, 1926, a ten year lease was entered into and subsequent production from seventeen oil wells...

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