SOMERS v. HARRIS TRUST & SAVINGS BANK

No. 48,293

1 Kan. App. 2d 397 (1977)

566 P.2d 775

D.L. SOMERS, Appellee, v. HARRIS TRUST AND SAVINGS BANK, Trustee for L.B. Stableford, Deceased, Appellant.

Court of Appeals of Kansas.

Opinion filed June 10, 1977.


Attorney(s) appearing for the Case

Bert R. Hopper, of Hopper, Fuqua and Hopper, of Wichita, for the appellant.

Stanley Krysl, of Hindman and Krysl, of Stockton, for the appellee.

Before HARMAN, C.J., REES and SWINEHART, JJ.


HARMAN, C.J.:

This is an action by a subsequent lessee against a prior lessee of the north eighty acres of a 160 acre oil and gas lease. The plaintiff sought cancellation of the defendant's lease and quieting of the leasehold interest in himself. The case was submitted to the trial court upon an agreed statement of facts. The whole concern is the effect of unitization of the south eighty acres of defendant's leasehold acreage and production elsewhere within the unit...

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