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STRATMANN v. STRATMANN

No. 51,804

6 Kan. App. 2d 403 (1981)

628 P.2d 1080

MARVIN STRATMANN, Appellee, v. BERT J. STRATMANN and MATHILDA STRATMANN, Appellants, v. NATIONAL COOPERATIVE REFINERY ASSOCIATION, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed June 5, 1981.

Attorney(s) appearing for the Case

Edward R. Moses, of Great Bend, for appellants.

John Sherman, of Aylward, Svaty & Sherman, of Ellsworth, for appellee Marvin Stratmann.

Before ABBOTT, P.J., SWINEHART and MEYER, JJ.

MEYER, J.:

This appeal involves a quiet title action of an oil and gas royalty interest.

In 1940, Tena Stratmann and her children, appellants Bert and Mathilda (Bert and Mathilda), Edwin, Otto, Ervin, and appellee Marvin (Marvin), executed an oil and gas lease retaining a 1/8 landowners' royalty plus a 1/16 overriding royalty on the property herein involved. Through a series of successions, by 1960 each child possessed a 1/5 interest in the landowners' royalty...

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