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HOME-STAKE PRODUCTION CO. v. TRI-STATE PIPE CO.

No. 44,506

197 Kan. 163 (1966)

415 P.2d 377

HOME-STAKE PRODUCTION COMPANY, Appellee, v. TRI-STATE PIPE COMPANY, IRVING LEBOW, LILLIAN RUBIN, and SIMON LEBOW, Appellants.

Supreme Court of Kansas.

Opinion filed June 11, 1966.

Attorney(s) appearing for the Case

C. Fred Ice, of Newton, argued the cause, and Arthur N. Turner and Theodore B. Ice, both of Newton, and Max G. Cohen, of Tulsa, Oklahoma, were with him on the brief for the appellants.

Kenneth G. Speir, of Newton, argued the cause, and Vernon A. Stroberg, Herbert H. Sizemore, and Richard F. Hrdlicka, all of Newton, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action brought by plaintiff-appellee to partition a producing oil and gas lease.

There is no essential factual dispute. In 1948 defendant Simon Lebow purchased the lease in question from the original lessee who reserved an overriding royalty of a one-sixteenth interest of the seven-eighths' working interest. The lease, known as the Wiley lease, is on property in the Burrton field in Harvey...

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