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CORBIN v. MOSER

No. 44,141

195 Kan. 252 (1965)

403 P.2d 800

WARREN W. CORBIN and HARRIET B. CORBIN, Appellants, v. VEVA MOSER, VIRGIL L. MOSER, EDWARD R. MOSER, EUNICE I. DALTON (also known as MRS. L.A. DALTON), MRS. M.S. WIKOFF (also known as ETHEL WIKOFF), W.H. COUTTS, JR., Guardian of the person and of the Estate of VEVA MOSER, and Incompetent Person, and W.H. COUTTS, III, Administrator of the Estate of Elizabeth Moser, Deceased, and the Unknown Heirs, Executors, Administrators, Devisees, Trustees, Creditors, and Assigns of Charles E. Moser, Deceased, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1965.

Attorney(s) appearing for the Case

Ervin E. Grant, of El Dorado, argued the cause and was on the briefs for the appellants.

Verne M. Laing, of Wichita, argued the cause, and Lester L. Morris, Ferd E. Evans, Jr., Ralph R. Brock, Joseph W. Kennedy, C. Robert Bell and Robert L. Driscoll, all of Wichita, W.H. Coutts, Jr. and W.H. Coutts, III, both of El Dorado, and Donald L. Allegrucci, of El Dorado, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a controversy over the construction of an oil and gas exception or reservation in a deed. The action was in the nature of a suit to quiet title.

There are no disputed facts. In 1926, Charles F. Moser and Lizzie, his wife, executed a deed to Margery Boston covering a quarter section of land:

"... containing 160 acres more...

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