RUTHVEN & CO. v. PAN AMERICAN PETROLEUM CORPORATION

No. 45,885

206 Kan. 639 (1971)

482 P.2d 28

RUTHVEN & COMPANY, a Partnership Composed of Clifford R. Holland, Jr., George W. Holland and Lucille Holland; GEORGIANA W. BELL and HERBERT N. HOLLAND, Appellants, v. PAN AMERICAN PETROLEUM CORPORATION, TONY MERMIS and THERESA F. FISHER, Co-Executors of the Estate of Paulina Mermis, Deceased; RENETTA S. WITT, Individually and as Administratrix of the Estate of Lloyd J. Witt, Deceased, and Also as Mother and Natural Guardian of Connie Sue Witt and Marlene Ann Witt, Minors; MARLENE ANN WITT and CONNIE SUE WITT, Minors; and CURTIS WARREN, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed March 6, 1971.


Attorney(s) appearing for the Case

Marvin E. Thompson, of Thompson, Holland and Arthur, of Russell, argued the cause, and Herbert N. Holland, of Holland and Holland, of Russell, was with him on the brief for the appellants.

Norbert R. Dreiling, of Hays, and Glenn D. Young, Jr. of Wichita, argued the cause, and Dennis L. Bieker and Bernard J. Brungardt, both of Hays, and John C. Woelk and Richard M. Driscoll, both of Russell, were with them on the brief for the appellees and cross-appellants.


The opinion of the court was delivered by

HARMAN, C.:

This is an action for an accounting from an oil purchasing company for a share of oil produced from leased land.

The appeal involves construction of an entirety clause in the lease under which the oil was produced. A cross-appeal concerns the validity of a separate conveyance upon which plaintiffs' claim is based.

We summarize certain background...

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