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WITT v. SHEFFER

No. 52,608

6 Kan. App. 2d 868 (1981)

636 P.2d 195

RENETTA S. WITT, et al., Appellees, v. ALBERTA DEINES SHEFFER, et al., Appellants.

Court of Appeals of Kansas.

Opinion filed November 19, 1981.

Attorney(s) appearing for the Case

Robert L. Earnest, of Russell, and Marvin E. Thompson, of Thompson & Arthur, of Russell, for the appellants.

Norbert R. Dreiling, of Dreiling, Bieker & Kelley, of Hays, for the appellees.

Before JUSTICE HERD, presiding, SWINEHART, J., and LEWIS L. McLAUGHLIN, District Judge Retired, assigned.

HERD, J.:

This is an action for partition of oil, gas and other minerals in place under a quarter section of land in Russell County. The trial court granted partition. This appeal followed.

The facts are undisputed. Appellees own a total of 220/320ths of the mineral estate in fee and have the reversionary right to the other 100/320ths. Appellants own a total of 100/320ths of the minerals for a primary term of fifteen years from September 15, 1935, and so long...

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