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SKELLY OIL CO. v. SAVAGE

No. 45,166

202 Kan. 239 (1968)

447 P.2d 395

SKELLY OIL COMPANY, Appellee, v. NELIA SAVAGE, FRANK MEEK and HELEN MEEK, Appellants, and CLARENCE W. ELLIS and L. EDNA ELLIS; D.H. JOHNSON and MARIE JOHNSON; JEAN MARPLE; THOMAS J. MORRIS; THOMAS M. MORRIS, JR., Individually and THOMAS M. MORRIS, JR., Attorney in Fact for RICHARD L. MORRIS and MARION FRANCES SWEENEY, Appellees, and PETROLEUM, INC., a Corporation, Third Party Defendant and Appellee.

Supreme Court of Kansas.

Opinion filed December 7, 1968.

Attorney(s) appearing for the Case

John M. Wall, of Sedan, argued the cause and was on the brief for the appellants.

W.F. Schell, of Wichita, argued the cause, and Richard Randall, also of Wichita, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an interpleader action by Skelly Oil Company (plaintiff-appellee), the purchaser of liquid hydrocarbons produced from a well located on a unitized leasehold, to construe an oil and gas lease and particularly the pooling or unitization clause therein which provides for the pooling of "gas rights only" where both natural gas and liquid hydrocarbons are produced from the same well.

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