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FEES-KREY, INC. v. PAGE

No. 77-967.

591 P.2d 1339 (1978)

FEES-KREY, INC., a Colorado Corporation, Monarch Enterprises, Inc., a Colorado Corporation, Walter S. Fees, Jr., Max Krey, Robert S. Hawkins and William Rippy, Plaintiffs-Appellants, v. J. H. PAGE, Jr., Defendant-Appellee.

Colorado Court of Appeals, Division II.

Rehearing Denied January 18, 1979.

Certiorari Granted March 19, 1979.

Attorney(s) appearing for the Case

Dufford, Waldeck & Williams, Hugh D. Wise, Grand Junction, for plaintiffs-appellants.

Paul C. Lennartz, Denver, for defendant-appellee.

ENOCH, Judge.

This is a quiet title action. Plaintiffs, Fees-Krey, Inc., appeal from a judgment quieting title in defendant, Page, Jr., on his counterclaim to a 2% overriding royalty on an oil and gas lease. Defendant never recorded his interest pursuant to the Colorado Recording Act, § 38-35-109, C.R.S.1973, and plaintiffs subsequently acquired the lease without notice of defendant's overriding royalty. Neither plaintiffs...

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